I paid advance for renting a flat but didn't take it due to some reasons. Now i want my money back. Please help me
I paid advance for renting a flat but didn't take it due to some reasons. Now i want my money back. Please help me
2 years ago
A. Dear Sir,
You may request the landlord by issuing legal notice under Section 106 of TP Act as follows cancelling the agreement and claiming entire refund of advance amount.
Section 106 in The Transfer of Property Act, 1882
1[106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year ...ReadMore
Advocate Sinjari Bandyopadhyaya
Builder Parking Allotment post conveyance deed
Hi Team, Below is the case , i have bought a Apartment in Pune area directly from the builder, but society is old and conveyance deed has already happened in one year before i bought this apartment
2 years ago
A. Dear Sir,
My answers are as follows:
1)Does Builder has authority to allocate Parking after the conveyance deed ?
Ans: The builder cannot change the boundaries and location of parking place after execution of sale deed in your favour.
2)if not , then what are the option i have ?
Ans: You may seek a direction from the Civil Court to the builder to retain same parking place for you as stated in the Sale Deed.
Advocate Sinjari Bandyopadhyaya
Refund of booking money when buyer is unable to buy the flat
I have booked a flat with booking money 5,00,000/-. Total cost of flat is near about 1,11,00000/-. This is an Investor Property. I have got the Nomination Agreement but it is not signed by any parties
2 years ago
A. Dear Client,
You can take legal action against them if they do not pay you the advance money, the payment is an essential step to completing the established contract. First, write them a legal notice, which will assist you in recovering your funds and establishing the existence of a contract between you and the concerned party.
Thank you!
Customization issue with builder
I have booked a flat in chennai, during customization we asked loft in the kitchen on the North wall and we are not aware of the chimney whole will be coming on that wall. It was not shown in any dia
2 years ago
A. Hi,
You may send a legal notice to the builder and customisation team so that it creates pressure and your kitchen issue can be solved. You can also try and solve this amicably. If all fails, you may file a case with the consumer court and get your remedy.
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Help needed before purchasing Farm lands
Dear Sir / Madam, I was looking for real estate investment options and I got to know about Kisaan Parivar (SL Agro Ltd.), who's selling farm lands for a fixed price and offering 12% returns as rental,
2 years ago
A. Hi,
It is better to do investment after contacting a lawyer. Each provision in the agreement should study properly for avoiding any litigation in the future.
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Thank You
Mixed use property
I own a 1500sq.ft.land in Solapur city.I want to use it for commercial and residential use.Can I build a property over this land having both commercial and residential use?I want to construct 3/4 stor
2 years ago
A. Hi,
Firstly, you need to get the relevant permissions to construct a building for commercial and residential purposes. The area in which such a building is to be constructed is taken into consideration while issuing such permission. However once you receive the permission and the plan gets approved, there is no legal concerns that are involved.
Adv . Shirish Patil
Cancellation of Registration and pray for refund and compensation
Hi, I have booked flat in RERA registered project on 18/Oct/2018. With a promised date as possession 31/Dec/2019. However builder has not given the possession till date. We are demanding for booking a
2 years ago
A. You can demand for anything and let the Court decide what can be given to you and what cannot be given. But you should not restrict in praying and asking for more as if you do that then court will not give you anything beyond what you ask for.
Advocate Sinjari Bandyopadhyaya
Encumbrance certificate opinion
In encumbrance certificate for residential property shows following information about nature of transaction. Can you pls clarify about my doubt. 1) Nature property transaction sowing as Conveyance Non
2 years ago
A. Hi,
An Encumbrance Certificate or (EC) is a certificate of assurance that the concerned property is free from any legal or financial liability such as a mortgage or pending loan..Conveyance done in a metropolitan area or Urban Area is nowadays marked as Metro/UA. In case of any other queries, please contact a lawyer.
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Thank You
Ayantika Mondal @ Prime Legal
Cheating on property and forgery of died owner
hi sir, we have paid an advance of RS 8,10,000 on oct 2020 , to real estate agent to but a open plot in hyderbad and agent aggrred to complete a regestration after 45 days. by saying false news he ha
2 years ago
A. By giving legal notice to that Agent you can file Civil Suit for recovery of that sum. Under Order 37 of the Code of Civil Procedure,1908, as amended up to date,you can file Summary Suit for recovery of that sum together with interest.
Advocate Sinjari Bandyopadhyaya
Ayantika Mondal @ Prime Legal
Refund of GST and others
Dear Sit/Madam I have booked a flat on August 2019 and paid 1st installment i.e. 25% of the total cost including GST, OC and one year maintenance charge on August 2020. After that last month
2 years ago
A. Hi,
Please refer to the agreement. There may be a clause in the contract deed and you can refer to it to and according to it, that will be calculated. You are abide by it.
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Thank You
Ayantika Mondal @ Prime Legal