Advocate Minansu Bhadra

Questions Answered by Advocate Minansu Bhadra

Q: Lawyer unable to go for the last hearing of mutual divorce what to do

Hello, My wife had filed a Maintenance charge for which we have decided to go on a settlement with a decided value. However my condition is to get a mutual divorce after I pay her her share. We have been living separately for one year and have not been divorced. Now in between my lawyer appears to be busy and has refused to go for the last hearing because of his schedule. Will this not affect my case? Should I change the lawyer??

Advocate Minansu Bhadra answered
If any time or adjournment petition submitted on that date then court may fixed another date, otherwise the court can dismissed the suit.It is your liberty,you can change your lawyer.Search the cause list on that date in concerned court.

Q: How to recover money in case of false promises by the builder

I have applied for a flat through lottery. Application kit consist of GTC which says that flat will be hand over on 31st of Dec 2019 with a grace period of 9 months. If any delay happens thereafter the company will pay some chares. Only delay caused by natural calamities are excluded. After getting the allotmentpossession I was asked to pay 20% of the flat value which I paid. When builder asked me to sign agreement of sale in Aug 2017 I went to builder premise and gone through the agreement. I was surprised to found that the possession date in agreement is 30 June 2020 with a grace period of 9 months i.e. 30th march 2021 which id different than what mentioned in GTC and hence refused to sign the agreement. I requested them to modify the posession date several time but they are not doing. Now it has been more than a year and due to this I am no longer interested in that property as they have cheated me. When I asked them to return my money the are asking for 25k cancellation. What to do?

Advocate Minansu Bhadra answered
You have to wait upto 31st December 2019 then you can file a Complaint Case u/sec. 12 of the Consumer Protection Act in Consumer Forum or Commissionto claim return back your money or to claim hand over the possession and registration.

Q: Permissive possession by my own brother on my self earned land

I have two bigha residential land earned by myself only. 30 years before I made my own younger brother & my own eldest brother's daughter reside on one katha of my said land which was not partitioned by metes & bounds. Since last 30 years they have been continueing residing their on my land peacefully as I never objected them to reside but in the last month suddenly I saw that they have started making brick built house capturing two bigha land without my permission. 30 years before I promise them verbally that I will give my younger brother one katha & one katha to my eldest brother's daughter from my said land. I was ready to give the same one month before also but they are forcing me to give my whole land(two bigha) on their name making me shelterless & helpless else they'll never leave possession of my total land(2 bigha). Suggest me how to get back my total land (2 bigha) as I don't want to give them any land now. Please guide me.

Advocate Minansu Bhadra answered
File a suit for Declaration and Eviction of Licensee in a Civil Court where the property is located.You can also lodge a complaint to the local Police Station and file a case u/sec.144 of the Cr.P.C. in Executive Magistrate Court.

Q: Right to claim a part of property built by oneself

We are one brother and one sister. My father made a house with ground floor. After that, I built the first floor above my father's ground floor with my own money. I want to be separated first floor in my name built in my own expense. My father is no more and staying with my mother. My sister is married. Pl suggest.

Advocate Minansu Bhadra answered
Your mother, you and your sister have 1/3rd share each of the property .It is does not you have built 1st floor from your own money.You can become absolute owner if your sister and mother relinquish their shareOr you can partition the property by a registered deed.

Q: Delay in possession of apartment compensation denied by the builder

My apartment handover has been delayed by the developer by 3 years. The apartment is now ready for handover. But the builder is not paying the penalty amount (12% as per sale deed) saying due to force majeure clause. Please let me know what steps can be taken now? Shall I take the handover of the apartment by clearing my dues and then take legal steps?

Advocate Minansu Bhadra answered
You can take possession and then as a property buyer, you are authorized to file a consumer complaint against the builder regarding delay. You should file a written complaint with apt ‘Consumer Dispute Redressal Forum or Commission’ under the Consumer Protection Act (CPA), 1986, and take into consideration pecuniary and territorial jurisdictions. You can even make a claim for the losses even if the possession has been delayed by a day.