Advocate Premchand L Malpani

Questions Answered by Advocate Premchand L Malpani

Q: What is the procedure to take stay order from court

i have 2000 sq plot on my name i have constructed my place with cement sheet shade now i got a notice to remove it from municipal what will be the cost to take stay order and how to get stay order from court?

Advocate Premchand L Malpani answered
File a civil suit against municipal corporation in civil court and satisfied to court that you have bona fide requirement of this plot and not make any mistakes while purchasing the said plot and give all related documents to your advocate

Q: Does license suspension takes place in court for drunk and drive

Is the license suspension will take place in court case of drunk & drive. Since police was saying there may be suspension of driving license for one or two years & penalty Rs. 10000, IS IT CORRECT, PLEASE ADVISE ME

Advocate Premchand L Malpani answered
It is depend on how much section they applied and what section. But there is no such huge amount of fine to collect. License can be suspended but if you are ready to pay the fine then your license will not be suspended because it is not a criminal offence

Q: Leakage from above flat spoiling the interior of the property

I have taken a commercial property to run my business from sept2017 and from beginning there has been some leakage issue ,only couple of months gone and now bcz of the leakage issue from the above flat the interiors are getin spoiled,landlord however expects us to bear the entire cost which is definitely not a part of any agreement as the leakage is not from the office property but from the above flat. My due date for rent is 15th of every month can I hold the rent for sometime n if yes for how mny days ?

Advocate Premchand L Malpani answered
Yes you can hold the payment. And you have to told your owner that this issue is not your personal issues and it is the duty of every owner to provide proper relief to every tenant. If he denied then you have all legal right

Q: Procedure to get stay order on agricultural land

We have 4acres land and 4 brothers.according to the 7/12 the land is ok.but actually land is not equally divided between 4 brothers, actually my land is mapping 20 ghunte ,remaing 20ghunthe lies with other 3 brothers.they refuse to give me my 20 ghunte land .Can I get stay order on 4 acres agriculture land?

Advocate Premchand L Malpani answered
yes. but this land should be your joint family property. you have to file case for partition. so that court will decide that how much share you will get in this land. partition suit is the only one way to get your land in your possession

Q: How to get possession on a property registered on my name

We paid 50% for flat, got regstrd, got home loan sanction letter but owner is absconding since 6 months. Local goon said he is investor and now owner is not well and cant come for further formalities of that flat, police is supporting him. Flat is empty and goon has the keys. How can I get possession of my flat?

Advocate Premchand L Malpani answered
file a suit in civil court to take possession. submit all the documents which you have at the time of registration. like agreement to sale, copy of bank account details, and that documents which shows that you are the purchaser and have bonafide requirement.