Advocate Rattan Lal

Questions Answered by Advocate Rattan Lal

Q: Unfair demands of Builder towards electric and fire fighting charges

I have purchased a 3BHK flat at TDI Espania Royale Heights, Sonepat. In Agreement, there is no mention of Electric & Fire Fighting Charges. But builder is now demanding me an amount of Rs. 3.60 Lac towards Electric & Fire Fighting Charges. I enquire about this from the builder, they show me the payment plan of the agreement in which breakup schedule of the payments are mentioned. In which a short PB+EE charges are mentioned with another instalment. Agreement does not contains abbreviation of the same and the amount towards this charges. Whether it should be payable or not ?

Advocate Rattan Lal answered
Whether you have paid the full amount of the agreement excluding above mentioned charges? If you have paid that then Builder is not entitled for any other extra amount. If he repeatedly demand then legal notice should be sent to him through an Advocate for the said purpose.

Q: Documents to check before buying Commercial Property

HI What are the documents one should check before buying any commercial plot for restaurent/hotel??

Advocate Rattan Lal answered
The following documents are required for purchasing commercial plot for restaurant or hotel: Original Allotment document of a plot, status in it whether it is residential or commercial plot, whether it is approved by all the concerned authorities for opening a restaurant or hotel ie for Delhi - approval of NDMC, MC1, Environmental Authorities, Whether it is power of Autorney or Original sale as it should be in power of Attorney, whether it is alloted by competent authority through legally registered through registrar office, if it is second or third sale it should be checked from registrar office if it is an original sale or fake sale. Title of the plot to be cleared from all legal angel if there is any other claimant of the plot , it should not be joint plot or a family plot or disputed plot , lastly also check that whether there is any dispute pending regarding this plot within its jurisdiction

Q: Can we file multiple Writ petitions against same organisation

As we filed a writ petition against a educational recruitment on a issue. The next hearing of this is 22 sep. 2016. Can we file another petition against same educational recruitment on other law of question or file an affidavit on current petition

Advocate Rattan Lal answered
Yes you can file multiple petitions before the High Court if it is arising due to the different law. But one cannot file similar writ petition on similar issue as you have to give undertaking that there is no similar case pending before the same court.

Q: Court granted maintenance but husband in USA not paying anything

Husband filed divorce 2 years back and then moved to USA. Now the court has granted me maintenance 3 times but husband being in USA is not paying anything. What action can i take? Court is also not helping me much.

Advocate Rattan Lal answered
Collect physical address and us mobile contact of your husband and which court of India had granted you maintainance? Maintainance and related clause you can get it executed through foreign ministry otherwise get an warrant issued against your Husband and get it executed through foreign ministry.

Q: Wife beat mother in my absence will FIR be helpful in divorce case

I am a HIndu and got married in 2001. Four months back due to constant rift i filed a divorce petition in Saket Court, Delhi. I m staying with my parents in Vasundhra, Ghaziabad and my wife is in my government flat in Delhi. Yesterday, she came to vasundhra and in my absence she beat my mother and tried to kill her when she was alone. I approached nearest thana meanwhle she ran to Delhi. I have reported upon all this incident in writing in indirapuram thana but i have not been given FIR. Should I ask for FIR. Will this FIR helps me in getting divorce easily. Please suggest sir

Advocate Rattan Lal answered
Get the FIR registered at the earliest for that specific incident as it will be key evidence for getting the divorce decree against your wife in your case. Also collect all evidence, photograph, video, conversation, etc other relevant documents for easily getting divorce decree in Court of law in your favour.