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Possibility of modifying the Development Agreement

Hi, I have purchased a flat from one of the seller of a building which is undergoing the development agreement. All the exciting tenants have signed the development agreement but for 7. My seller is also a part of the 7 who are yet to sign the development agreement. The development Agreement is...

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Hi, I have purchased a flat from one of the seller of a building which is undergoing the development agreement. All the exciting tenants have signed the development agreement but for 7. My seller is also a part of the 7 who are yet to sign the development agreement. The development Agreement is already presented for registration at the registrar's office with my sellers name. He is being invited to sign the same document which is already been sign and executed by others. The current stage of the document is admission pending since 7 clients are yet to sign and execute the DA at the registrar's office. My seller is not signing it since he has sold the flat to me. Now my name does not feature in the DA which has the sellers name and has been presented for registration at the registrar's office. I want to know whether the builder can incorporate my name in the DA? Or even if the seller signs the DA, can the Permeant alternate accomodation agreement be signed by me. Since the developer has already paid the Stampduty, will there be any additional impact. Will there be any impact on the title. I am seeking guidance on what to do in the current scenario step wise.

  • 4 Answers
  • 1016 Views
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Determination of maintenance charges by Housing Society

Out of 90 flats there are only 3 flats with a single bedroom size 720 sq.ft Rest are between 1100 and 1400 sq.ft I am a retrd. Sr. citizen aged 79 and live with my wife on a meagre pension. I had paid full amt of charges till 2012 after which the charges went up very high I requested the...

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Out of 90 flats there are only 3 flats with a single bedroom size 720 sq.ft Rest are between 1100 and 1400 sq.ft I am a retrd. Sr. citizen aged 79 and live with my wife on a meagre pension. I had paid full amt of charges till 2012 after which the charges went up very high I requested the association to limit my charges to Rs.2000 pm and it was agreed. Suddenly this year the association compelled me to pay Rs.3200 pm threatening legal action.The association is registered under co op society act and not registered under KOA act 1972 . Due to lower interest on sr. citizen savings my income is down and difficult for me to pay the enhanced rate. My request to you to find a remedy for me and I beg to ask if I may approach Consumer grievance redressal court. I bought this flat for my retirement 12 years ago fo Rs. 7 lakhs only and the rate of maintenance in a few years will overtake my buying price. What is the legal remedy ? Grateful for urgent reply as the age of the association will take place end of this month I want to place your case.

  • 1 Answer
  • 296 Views
Asked at November 18, 2017
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Demarcation of the property in public records

Boundary wall encroaching road. Sir's, I bought a property in Kerala on 2016 and reconstructed the boundary wall facing main road which is in a zig zag shape. After the construction of the wall some local peoples including the ward member claimed the wall is encroaching the Road. But I just...

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Boundary wall encroaching road. Sir's, I bought a property in Kerala on 2016 and reconstructed the boundary wall facing main road which is in a zig zag shape. After the construction of the wall some local peoples including the ward member claimed the wall is encroaching the Road. But I just reconstructed the wall as per the area sketch provided to me from the village office and as per the extend mentioned in the property deed including three prior deeds. Currently I am in an emergency situation and the locals are creating problems and not allowing me to sell it .The demand from them is to straighten the wall . I may lose more than 1 Cent of land if I accepted their demand. Kindly suggest me how I can prove them there is no willful/ illegal encroachment done by me. Regards Sreehari

  • 1 Answer
  • 361 Views
Asked at November 18, 2017
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Challenge the age limit set for the UPSC exams

1. It is good that Supreme court has stayed BCI's age limit. Does anybody know the final outcome? 2. I would like to challenge the age limit for UPSC exams(including civil services). Any takers?

  • 1 Answer
  • 199 Views
Asked at November 17, 2017
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Distribution of father's personal property

My father expired in July 2015 can my mother transfer father's owned property in her name. Family members- me /sister/1 brother /mother Or please tell me how it will distribute and mother's rights of property. I am from Hindu family.

  • 1 Answer
  • 210 Views
Asked at November 15, 2017
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Notary required for OBC certificate

Dear sir, I belong to Andhra Pradesh state. I want notary for the OBC Certificate. Can I take it anywhere in India? Or should I take from the resident state only ?

  • 1 Answer
  • 1201 Views
Asked at November 15, 2017
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Restitution after judgment in a lease agreement case

Name: DISHA Email: disha.cn@gmail.com Contact No: 9844366455 Query: To get restitution after the decree in injunction suit & Also to claim DAMAGES in the SUIT 13 November 2017 Dear sirs/experts, Sub:- To get RESTITUTION after the JUDGEMENT & DECREE in INJUNCTION SUIT STAGE-1 - Suit...

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Name: DISHA Email: disha.cn@gmail.com Contact No: 9844366455 Query: To get restitution after the decree in injunction suit & Also to claim DAMAGES in the SUIT 13 November 2017 Dear sirs/experts, Sub:- To get RESTITUTION after the JUDGEMENT & DECREE in INJUNCTION SUIT STAGE-1 - Suit schedule property :- OFFICE ~~ 300 Sqft. - LEASE AGREEMENT for 3 years ( 2011 to 2014) - LAND LORDS were troubling to vacate me before the completion of the lease period - O.S SUIT was filed in the year SEPTEMBER 2013 - On 6th Sept 2013 the hon'ble court granted - TEMPORARY INJUNCTION - TI ( valid upto 28th Sept 2013) - A copy of the TI was given to land lords on 7th Sept 2013 - AGITATED by the court order of TI , the landlords forcefully broke open my locks & put their locks - NECESSARY POLICE COMPLAINT was filed for "CONTEMPT OF COURT ORDER" & seeking police protection. - POLICE registered the complaint only as NON-COGNIZABLE ( No FIR was registered even though the TI was in force) - The LAND LORDS RESTRAINED me illegally to my office, even though TI was in force - THE LAND LORDS(DEF) advanced the O.S.Suit & giving all false facts to the court by gaining sympathy of court - The landlords also registered FALSE FORGERY case denying their SIGNATURE on LEASE AGREEMENT - The hon'ble CIVIL court VACATED the TI on 28-09-2013, pending the final suit STAGE-2 - The DEFENDANTS thought as if they have WON the case by vacating the TI - Further they did not come forward to ADDUCE the case - They did not file WS within 90 days ( Filed after more than 180 days without any valid reasoning for the delay ) STAGE-3 - POLICE took the ORIGINAL LEASE DEED from the civil COURT OS SUIT with court permission & sent it for FSL verification - FSL confirmed the LANDLORDS signature - POLICE filed B- REPORT in the FALSE FORGERY CASE - RETURNED the ORIGINAL LEASE DEED to civil court back STAGE-4 - The DEF had given a empty pictures of the office to police station after ransacking/stealing all my office equipments ( via RTI reply from police) - I registered the THEFT complaint/FIR against the DEF ( u/s 380 ....) - Few of my OFFICE items were recovered from DEF - POLICE filed charge sheet against them u/s 403 r/w 34 ( instead of sec 380 ) & the CRIMINAL case is on against them STAGE - 5 - DEF were PROTRACTING the case by filing one IA after the other - Civil COURT framed ISSUES - PLAINTIFF EVIDENCE in CHIEF was done marking all the DOCUMENTS , FIR , CHARGE SHEET, etc.. - They kept on DEFERRING " CROSS of PW-1 " for several HEARINGS (more than a year) - Court ordered " CROSS of PW-1 IS TAKEN AS NIL " STAGE-6 - FURTHER DEF did not come forwards to ADDUCE DEF EVIDENCE - Court ordered " DEFENDANT EVIDENCE as NIL " - We filed WRITTEN ARGUMENTS - Court posted the case for JUDGEMENT STAGE-7 - DEF filed IA for recalling the case , Cross of PW-1 by advancing the case, citing that their counsel was held up in traffic etc. - Court allowed IA with a cost of Rs 5000 /- - Even then the DEF did not come forward to ADDUCE the case - hon'ble court again posted the case for JUDGEMENT - Again the DEF came with an IA for recalling the case & cross of PW-1 etc.... - COURT rejected their IAs UPFRONT ( did not admit) STAGE- 8 - On 1st Sep 2017 , hon'ble COURT pronounced JUDGEMENT in favor of PLAINTIFF - On 14th SEP 2017 , DECREE was drawn to not disturb the possession of the PLAINTIFF without following the due process of law STAGE-9 - The DEFENDANTS have not marked a SINGLE document in the entire OS SUIT - The DEF have not filed any APPEAL in the HIGH COURT (We have filed CAVEAT in HIGH COURT) - It's been almost 65 days after the judgement QUERY Since the DEF have restrained me illegally by breaking open my keys & STOLEN/RANSACKED my office equipments already during the PENDENCY of the SUIT & PENDENCY of the LEASE PERIOD & they have not returned LEASE AMOUNT also & enjoying the SUIT Schedule property PLEASE let me know, whether A] SHOULD I FILE AN EXECUTION PETITION FURTHER TO JUDGEMENT & DECREE, or B] FILE RESTITUTION APPLICATION u/s 144 r/w 151 CPC IN THE SAME O.S.SUIT further to JUDGEMENT & DECREE { Also claim damages in the same OS SUIT } OR C] ANY OTHER REMEDY as per Civil procedural Code KINDLY Advise

  • 1 Answer
  • 287 Views
Asked at November 14, 2017
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Land agreement by father who passed away

My father signed a land agreement in June 2015 agreeing and recieved the complete amount. Unfortunately he passed away in 2017 August. now see that the amount given was very low so I want to sell the land at better price as we are facing big financial crisis currently. How is it possible?

  • 1 Answer
  • 409 Views
Asked at November 14, 2017
Default avatar Sidharth Srivastava
last answered over 4 years ago
Advice regarding purchasing a property

Hi Sir, I am planning to purchase the building in Uppal, Laxminarayana Colony. The building has all papers and it is has registration and upto 30 years linked documents. But builder has constructed Ground + 1 floor without Muncipal Permission. Any problem I will face from Muncipal if I purchase...

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Hi Sir, I am planning to purchase the building in Uppal, Laxminarayana Colony. The building has all papers and it is has registration and upto 30 years linked documents. But builder has constructed Ground + 1 floor without Muncipal Permission. Any problem I will face from Muncipal if I purchase the building without Municipal permission certificate. Please advice so that I will go ahead and purchase the building. Thanks, Jagadish

  • 2 Answers
  • 258 Views
Asked at November 14, 2017
Default avatar Krinjal Ahuja
last answered over 4 years ago
Construction wall ownership dispute

Dear Sir, My Native is Narasaraopet Guntur District AP State...In 2008 We bought asite with 4 boundaries...On South Side In My Registration Documentsit is mentioned own wall....But adjacent owner tells it is a joint wall...that adjacent owner has no registration documents....but he is famous...

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Dear Sir, My Native is Narasaraopet Guntur District AP State...In 2008 We bought a site with 4 boundaries...On South Side In My Registration Documents it is mentioned own wall....But adjacent owner tells it is a joint wall...that adjacent owner has no registration documents....but he is famous person in that area....Now in 2017 November we started construction...So,tell me in which way we fight against him...and what questions we asked him to proceeding legally.

  • 0 Answers
  • 198 Views
Asked at November 14, 2017
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