Advocate Mayur Mundra

Questions Answered by Advocate Mayur Mundra

Q: Legal action for delaying and overcharging project

I have given an It firm a project to complete my website in November 2016 , plan was to complete it in a month but even now in may the awesome is half complete. The requirements accepted aren't done yet. Deal was to complete the project at 11k but I had to pay 2k and 8k extra for the work. Now it turns to be 21k but still the project is not complete. Project code has to be given to be given to client but they are not providing and asking for more money. My business is being affected because of them, without completing site I cant proceed and the firm is avoiding my calls. What can I best do to recover my money and also compensate for the time wasted...

Advocate Mayur Mundra answered
First send the Legal Notice. Thereafter you can file a consumer complaint or a civil suit with a interim direction for giving all the Project Code relating to your project to you so that the work can be completed through third party. Thereafter we can claim compensation for not providing the service on time and other.

Q: Procedure of partition of hindu undivided property

Religion:Hindu. A joint family of two brothers among the five brothers were given an acre share from his dad and both the brothers decided to stay together. They started of with those two acres where the elder brother manages the paper work and financial holdings of the house the younger brother was always involved in taking care of the agricultural land and cattle. In 1985 the elder brother's wife passed away and he had 3 year old daughter. Younger brother had a son who was by then 13 year old. As days passed by the brothers worked hard and earned some good amount of property. Most of the new properties were on the elder brother name and the younger brother always trusted him as they were living together as a family. In 2016, the elder brother passed away and the family realized they didn't have any ownership on any of the properties. The elder brother daughter claims the ownership. Is there anyway to get justice for the younger brother, he is my friend. Please assist.

Advocate Mayur Mundra answered
Yes there is always Justice available to every citizen of the country. The younger brother need to file suit for partition claiming his 50% right in the said properties. Need to file the suit with all the evidence wgich shows that you were running a joint family. Further you should also file an intriem application stating not to sell any properties till the suit for partition is decided.

Q: Who can be the authority to register the land in Co-op society

In 2004 we have purchased 170 sqft land from a secretary of a Co-Operative Society in Hyderabad but he hasn't accepted for Registration and some how he delayed and Presently he is not a member of the current Body of that Co-Operative Society. so is he authorized to Register land now Or only the Present Body of the society can able to do it we have only Sale of Agreement or can we put up a case on the person.

Advocate Mayur Mundra answered
Dear,Only the present body of the society have a right to register the sale deed. Ex officer of the society cannot refister the same unless he has a authority from the society which is again needed to be clarified by the society.

Q: Complaint about road to chairman action not taken, what can be done

I am from puttur Andhra Pradesh. My villege have road problem complaints to chair man he did not take action after 1year to complete how to solve it what will do ?

Advocate Mayur Mundra answered
We can approch high court and file writ pettion directly in high court basing on the cinplaints which you have given in your village stating inactuon on the part of govt for not laying down the roads in the village.

Q: Can owner put restriction clause in the agreement regarding terrace

Hi,I have purchased a flat in an apartment.The builder and the land lord registered agreement says that the terrace rights are with the original land lord. But my question is when land is equally shared by all the flat owners how can he get exclusive rights on terrace?There are only 8 flats and total land is 560 and all got equal share of 70 yards..Please guide me about my rights as a flat owner. 

Advocate Mayur Mundra answered
Section 2 (d) of the apartmebts act terrace comes under the common area. Legaly no one can bind you for getting ur terrace right by an agreement. Even if there is such cluase in an agreement it doesnot have any legal value and the same can be challenged.