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What sections of IPC can be used for petition
07-Apr-2023 (In Property Law)
Dear All, The issue: Two years back I bought a property (a flat which was to be constructed) from a promoter. Recently the promoter died, and all assets of the promoter went to his wife. Later his wife, sold the land on which the construction was to be made. Now I went to his wife and demanded the property or an amount equalling to the present cost. His wife has denied to respond to all commitments of agreement. I have all the papers of the said property with me which was made by the late promoter. Since his wife is enjoying his assets, she should surely be responsible for all liabilities. Please suggest on what sections of IPC, I can file a petition against his wife. Thank you.
You need to file legal action against the construction company,by your saying it feels like(I have to see the agreement? It was a proprietarship firm and promoter was its head now u can file the case against the çonstruction company and against the legal heir of the promoter. With rights to enjoy the asset, legal rights also comes, you need to bring this fact in the court, yours will be a consumer forum matter. Also file a case in criminal case against the woman in criminal court. Would be happy to help you, can draft your petition and can look upon your case n during only arguments will go to any tribunal or consumer forum as I do HIGH COURT matters. Justice can be delayed but it cannot be denied
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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This is not a matter of IPC,you should file a case in Consumer Forum against the wife of developer as well as landlord if any.You can approach civil court but better option is consumer forum.You can independly file the case in consumer forum or commission .
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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You must have a sale deed in respect of the property in question. I presume that there is perpetuality clause is there.If the widow of the owner is the sole legal heir, she can not evade the responsibility created under the sale deed.Please go through the relevant clause (s) of the sale deed and send a legal notice to the legal heir of the deceased promoter claiming your stake.As regards criminal liability, subject to examination of the extent of criminal breech of trust on the part of the of the aforesaid legal heir , the matter can be suggested.Keep in touch with lawRato.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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please provide the details of the agreement. Was it registered agreement? if yes. ok. if not then also u can file case against wife of the deceased promoter. I have to see the agreement and its clauses for concrete legal course of action. is the building constructed? is ur booked flat sold or unsold? u can file criminal case for punishment and civil case to get the flat/refund of ur booked money with interest. have u fulfilled the payment terms as laid down in agreement for sale?? plz provide full details
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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