Advocate Ishita Yadu

Questions Answered by Advocate Ishita Yadu

Q: Builder is denying the give the possession on time can I take action?

I have inveted in a property in dwarka sec 12 and paid builder the first 6 installments. But now the builder is denying the give the possession on time. What should i do in following scenarios

Advocate Ishita Yadu answered
A very good day to you!! A legal notice may be sent to the Builder company and thereafter you can file a consumer complaint against him in the consumer forum for the same. Please make sure the Agreement signed by you with the said Builder contains a clause that you will be given possession of the property within a stipulated time period. Regards,Advocate Ishita Yadu

Q: Used card dealer cheated with odo meter tempering through online ad

I have purchased a used car from the individual dealer throug Olx.in, the ad claimed it has run 59,000 kms. When I went to service the car to showroom, I was taken aback to know that last service was done last month and it showed 1,75,000 kms in it's service history. Which means dealer cheated me on this very fact, I have no agreements with him, I only have print of Olx ad which shows his name, contact num., and mention of car's mileage. And service history print out. How can I sue the dealer and the original owner? Please advise.

Advocate Ishita Yadu answered
A very good day to you!! The facts you have mentioned are clearly covered within the ambit of unfair trade practices under the Consumer Protection Act as well as false advertising. You have to necessarily send the vendor a legal notice through an advocate, so as to give him a reasonable opportunity of rectifying his defects. Thereafter, if he fails to address your grievance you can file a consumer case against him in a competent court. The documents you have mentioned are sufficient to raise your claim against him. I hope this clarifies your doubt and gives you a better perspective to proceed further.Regards,Advocate Ishita Yadu

Q: What documents are required for collaboration agreement

which are the supporting documents of collaboration agreement between land owner and deeveloper/builder ?

Advocate Ishita Yadu answered
A very good day to you!! The necessary documents supporting such a Joint Development Agreement may include the original property deeds of the land in question, along with all permissions, sanctions and approvals granted by the concerned authority for development of the said land. This might also include the payment receipts of the transactions that have taken place with regard to this agreement which includes receipts of all taxes paid for the suited property. Besides this, the collaboration agreement has to be necessarily registered with the sub-registrar to be a legally enforceable document. I hope this clarifies your doubt and helps you decide a way forward. Looking forward to hearing from you. Regards,Advocate Ishita Yadu

Q: Can I sell my part of property if brother is not vacating the property

I have house in new delhi in my & my mothers name.my mother died in 2005. I live in different city for past 30 years.My brother is staying in this said property & he rented some portion to tenants.I asked him to vacate the property but brother refused.Can i sell my 50% share without making physical alterations(like putting wall in middle) in house & without my brothers consent?

Advocate Ishita Yadu answered
A very good day to you! yes you can sell your share of the property without your brother's consent. however, it is advisable you settle the physical demarcations with him to avoid future litigation. Regards,Advocate Ishita Yadu

Q: Unmarried tenant dead relatives troubling us how to get possession

Sir i have a property in new delhi. My grandfather had given the ground floor on rent in 1981 without any rent agreement. The lady who was staying is unmarried and was staying all alone with servants. Now she is dead and we have got to know that a relative family of hers is trying to settle in our ground floor without our consent. How can we get the posession of our ground floor and what if that family tells us that there daughter was adopted by our tenant and she has asked them to stay. The rent is 2500rs so they do not come under rent act and they have not paid the rent of last 3months.

Advocate Ishita Yadu answered
A very good day to you!! Initially a legal notice may be sent to them through an advocate, firstly, for dispossession and secondly for the arrears in rent for the last 3 months. In case they do not act upon your legal notice, you can file a suit against them for the same in a civil court. In any case tenancy rights cannot be transferred without the express consent of the landlord of the suited property. I hope this gives you clarity and helps you decide a way forward. Looking forward to hearing from you. Regards,Advocate Ishita Yadu