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Messages - kalaskarkk

Pages: [1] 2 3 ... 28
498A IPC / Re: Actions against false 498a FIR
« on: January 15, 2019, 11:03:18 PM »
Dear Sir,
Your concern for your family members is appreciable. In fact the provisions of the various enactments being misused by the married women. This tendency can be curtailed to some extent if people like you venture suits for compensation and proceedings for perjury etc. As proposed you may file affidavit in the same Court under Section 345 Cr.P.C read with Section 193 to 196 IPC etc claiming perjury case be registered against her. Further your mother may file a suit for defamation claiming huge amount as compensation towards her mental torture etc.

Property laws / Re: Wrong survey number in boundary
« on: January 13, 2019, 11:20:10 PM »
Dear Sir,
My answers are as follows:

1. Does it require registration or can it be done as a correction?
Ans: If vendor or his legal heirs ready to execute rectification deed then it is fine. Failing which approach the Civil Court and get it corrected by filing a civil suit.

2. Should we go through the court for the correction or can it be done through the sub-registrar office? Which one is recommended and cost effective?
Ans: As above.

3. Both parites who signed while selling are not alive. And there is no legal heir documents available with their sons/daughters.
Ans: Please approach Civil Court only.

4. Also one of the boundary mentions name of the person who owned the land before 1990, it changed hands in 1990. Should we correct to reflect the current owner name? Or it is fine to retain the same name as it is in the parent document?
Ans: You may get it changed.

Property laws / Re: joint family partition or ancestor family partition
« on: January 13, 2019, 11:17:00 PM »
Dear Sir,

If it is not self acquired property of your uncle your wife can claim. In family settlement or family partition your wife should have raised objection for not giving equal share.

Property laws / Re: Property Documents Misplaced by Bank
« on: January 13, 2019, 11:14:43 PM »
Dear Sir,
My answers are as follows:
1. In case the first property that I am selling, the bank does not provide loan (even on certified copies) and I have to return back the amount I received as well as other charges demanded by the purchaser like Agent commissions, registration charges etc. Will the bank that lost my documents compensate me for the loss?
Ans: You have to raise the issue with the head office of the Bank as well as with the banking ombudsman etc.

2. Also the token I paid for purchasing new property and if that seller does not return me back my token amount,Will the bank that lost my documents compensate me for the loss?
Ans: You have to get issue  a legal notice to compensate you failing which approach Civil Court.

3. In addition for loss of original documents and reduction in fair value price of the property in open market will the bank compensate for it as well?
Ans: You can claim compensation accordingly.

Please note that the bank had requested for 15 working days of time to search for the documents and the time is approaching soon, in the meanwhile I have also sent a legal notice to the bank for giving my original documents and the potential losses that bank would have to pay.
Shall I complaint now in NHB?
Shall I approach to consumer court?
Ans: It is better to complaint to NHB and also approach Civil Court and not consumer Court where you may not get appropriate remedy.

Property laws / Re: Ancestral Property dispute with previous land owner
« on: December 28, 2018, 01:01:05 AM »
Dear Sir,
Such complicated cases requires years together to be disposed of by the Court. If you are in possession continue the same and enjoy the fruits. Further a minor can file a suit within 3 years after attaining age of majority. It seems to be a colluded suit. Further to say that it is a ancestral property, it should have come from four generations, the relevant example is given below, if failed the suit is not maintainable and in the meanwhile you can file application under Order 7 Rule 11 of CPC saying suit is not maintainable since it is not a ancestral property.

What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Property laws / Re: Property partion
« on: December 25, 2018, 12:33:11 AM »
Dear Sir,

You cannot go directly to the Supreme Court. In India the civil adjudication system is three tier. That is Lower Court/Trial Court, First Appellate Court and Second Appellate Court.

Property laws / Re: need to check a Builder Buyer Agreement
« on: December 25, 2018, 12:31:09 AM »
Dear Sir,
Following information may be useful to you.
This builder-buyer agreement is an unduly significant document as it is a legal contract between builder and buyer and is used in court against builder if he doesn’t keep his commitments.
Scenario prior to the RERA Act was bit different. Frauds were carry out without any fear as there was no law for the same. Intentional delay in possession, selling property to multiple buyers, price escalation were some of the common frauds.
To overcome the same builder-buyer agreement has come into the picture. One can look for the following things to be kept in mind while going through the agreement:
•   Construction Timeline: It says that builder will grant possession of the property within 36-42 months from the ‘start of construction. It doesn’t say that possession will be granted within the specified time from the ‘date of booking.
•   Price escalation Clause: This clause is added in the agreement for the benefit of builders wherein the builders penalize the buyer by raising the cost, claiming that raw material and other input costs have increased even though the project is delayed by builder’s fault.
•   Area Change: If builder changes the square foot area, he charges extra for it. The buyer may end up paying 10-15% extra, while the benefit of additional area may be marginal or nil.
•   Payment Delay: With reference to this clause, if the buyer delays in paying installment, he will have to pay interest as well. The developer may include a clause stating that if payment is delayed beyond a point, he bags the right to cancel your allotment and that you may have to damage the heartfelt money, which could be as high as 20-25% of the total cost.
•   Payment on the Basis of Actual Cost: At the time of agreement it is said that payment is to be paid on actual cost basis. Later he may bring some unpleasant charges like membership, electricity connection charges etc. which he may not specify but can be added later on.
•   Transfer Charges: in accordance with this clause, if the apartment is resold prior to the possession, then the builder has to pay these charges.
Importance of Builder Buyer Agreement in RERA Litigation
In the light of above article, we can reach to an outcome that builder-buyer agreement is a legal document which is binding on both the parties and adherence of the same is the responsibility of the parties therein so, it is the responsibility of a vigilant buyer to read and understand the agreement thoroughly.
Builder-buyer agreement being a pivotal document is pertinent to the RERA Legal proceedings as based on this agreement the cases may take a turn in favor or against.
So it is advisable to have a profound study of the agreement before proceeding with the RERA Complaints.

Dear Sir,

It is a big issue and without going through the concerned documents,  I am unable to answer your queries.

Divorce Laws / Re: Did the family court do a right thing?
« on: December 20, 2018, 12:29:07 AM »
Dear Sir,

If petitioner is not comfortable to join the respondent, it is better to avoid. Further it is one of the tactics of the husband and his advocate to avoid maintenance and to delay the proceedings.

Divorce Laws / Re: Void - Nullity of marriage
« on: December 20, 2018, 12:25:56 AM »
Dear Sir,

You can get speedy justice and time bound justice  by approaching High Court but the issue is payment of alimony as may be decided by the Court. You must be very cautious about your financial resources otherwise you have to shell out lodge amount of alimony.

Divorce Laws / Re: Wife Threatning my Mother And my son
« on: December 20, 2018, 12:22:44 AM »
Dear Sir,

These are family issues being resolved by the Courts on different considerations, the act of your wife is valuation of terms of decree as such you can move contempt proceedings against her.

Divorce Laws / Re: How to avoid paying alimony
« on: December 20, 2018, 12:19:40 AM »
Dear Sir,

Put criminal case against her parents for cheating your brother-in-law for not disclosing heath issues and approach higher Court and get stay in respect of monthly maintenance.

Property laws / Re: Road Encroached by Original Land Owner
« on: December 20, 2018, 12:16:51 AM »
Dear Sir,

It is purely a civil issue as such approach Civil Court and get appointment of Court Commissioner and accordingly you will get favourable orders.

Dear Sir,

You can go as per the terms of agreement regarding set off. If there is any issue from other side then if there is any clause in the agreement then get a point an Arbitrator and Resolve the issue failing which you have to approach Civil Court.

« on: December 06, 2018, 09:32:10 PM »
Dear Sir,
Let him file then you have ample opportunity to approach the Hon’ble High Court under Section 482 of Cr.P.C seeking staying and quashing of such criminal proceedings on more than one legal grounds.

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