Advocate Suraj Dessai Almeda

Questions Answered by Advocate Suraj Dessai Almeda

Q: Procedure for divorce u/s 13B of Hindu Marriage Act

Hello Sir I filed 13B religion-Hindu 4months back current online status says First hearing date was 10 April17 ( 19 April First Order) & Next Hearing date as 14 July 2017 So what does it means?Does both parties has to present on these hearing dates? What are these hearing dates for ? Please revert Thanks

Advocate Suraj Dessai Almeda answered
yes u have to wait for six months and then submit your affidavit in evidence and then a mutual decree of divorce will be granted these dates are given for a possibility of amicable setllement during this period

Q: How to handle incorrectly notarized MOU

My family has helped someone to claim their property from government but as we dont have right to claim on that property, we signed Notarized Mou on 100 rs stamp with that person in that both parties agreed to pay 1/7 share of that property to us. Now suppose if he doesn't give us that share can we take legal action against him.

Advocate Suraj Dessai Almeda answered
the said mou is not enforceable if it is not registered however the same can be used for a collateral claim if there exist any and this document can be used to estop him from denying your legitimate claim if u have any against them

Q: How to enforce vested interest in ancestral property

my Sikh parents owned a house, after fathers death fathers share also tranferred to mother on basis of will. now mother has transferred the house to my younger brothers name without informing me (elder son). what can i do, does the law have anything for the elder Son

Advocate Suraj Dessai Almeda answered
yes provided u can prrove in an action for claiming ur rights in the said property that a contribution was made by your father and only for sake of convenience the uncles name was enteed and it was a n ancestral propery and u are entitled to share

Q: How to recover money from non cooperative builder

I had booked a flat in Pristine Properties project in March 2016 by paying Rs. 9lacks. Since a few months I have been asking the builders sales head for cancellation of booking and return my money. But he keeps on giving reasons that the company has no funds. I have receipt of the payments which I made by cheque. In the reciept it was also mentioned that 10% amount would be deducted on cancellation. I am willing to shell a reasonable amount also. But the sales head continues to say that there are no funds with the company. Kindly advice what should I do now? My Regards to all respectable advisors.

Advocate Suraj Dessai Almeda answered
you may file a suit for recovery of your money in a competent civil court against the developers and promoters of the project or u can apprcoah the consumer forum for possession and in default for refund of money with interest in an action for deficiency in service.

Q: How to deal with fraud pertaining to allotment of flats

Book 2 flats (in Bhagtani Riyo) with JVPD(Jaycee homes) with 23 lakhs in Jan 2013vide allotment /Agreement letter DT 1.3.2013. Mentioning if within 18 months the construction the funds will be refunded with interest from the date of payment till the Date of refund. Now they want us to surrenr the original agreement and want to refund after 18 months without interest of 18 months. Actually Bhatani Riyo is just a paper project where they do not have any land. It is a fraud and they have cheated my life time savings . SAVE MY SOUL.

Advocate Suraj Dessai Almeda answered
this is a case of fraud and cheating u can initiate a criminal action against the promoters and builders for cheating and also an action for deficiency of service in the consumer court u will get all ur money with interest and compensation and even that possession be delivered to u