Advocate Anagh Mishra

Questions Answered by Advocate Anagh Mishra (25+ answers)

Q: can a neighbour block my window in front of his house?

Hi I am hindu and my neighbour is also. My question is that i am making windows on my First floor of my house in back side of my house And in front of neighbors house But he is preventing me to do this saying that it is not legal. I want your kind suggestion what i have to do. what are the rules for windows overlooking neighbours?

Advocate Anagh Mishra answered
First of all the religion that u practise has got nothing to do with the construction plan of your house. Secondly, every map of construction site in any city is approved by the develooement authority of that city- in respect of which certian development/construction norms have been laid down. If the window which is the matter of the present dispute forms a part of the sanctioned plan, please go ahead with constructing the same- in any other case I would need to go through the sanctioned plans and the map to advise you in a more comprehensive manner

Q: Legal procedure to purchase SC land without approval

how to sell sc land without permission? can SC land 2000 sq ft purchased by oc without approval or 143. what are legal implication for transfer of owner ship.

Advocate Anagh Mishra answered
You have failed to provide in you query in which state you aim to buy the land.The land laws of every state vary tremendously and it is only after you specify in which state you intend to buy the land- I would be able to guide you in a comprehensive manner.

Q: GST & FAR Increase without intimation after booking of flat

Hi Folks/Expert, I want to understand few things for purchasing a new flat : A: How much GST Charges shall be applicable on constructed project & Builder anticipating the Part OC from authority in few days --may be in a month time . B:When We book the flat that after 05 days builder sales team declare they have obtain the part OC for the flat ,In this scenario shall buyer have to pay the all applicable GST charges ,whatever builder is demanding @12 %. C: After booking Builder increase the FAR ,Without any intimation is this right ? Now my question is that after booking keeping buyer in dark ,after a one weeks how they got the OC ,technically they have to inform buyer well in advance to avoid the expensive GST Charges ? After Booking ,how can they increase the FAR ,Even after getting the Part OC Certificate from GNoida authority . Does RERA or any authority will help in this situation ,or what buyer do actually in this situation ? Pl suggest ! Regards 

Advocate Anagh Mishra answered
Ideally a complaint under section 18 with RERA can be filed- but the same woukd require a careful examination of the clauses of the flat buyers agreement/ allottment letter.I would be able to guide you in a more comprehensive manner only upon perusal of the clauses of your agreement.

Q: EPF pending with the company wants to recover it

Dear sir, My EPF is pending with the company from last one year completed all formalities. I have mailed several time with both EPF office & company. What types of action I can takes against them .

Advocate Anagh Mishra answered
The Court's have been very particular for attaining social security of individuals of the working class post retirement, for which rhe EPF AcT had been enacted way back in the year 1952.The same had been amended time and again and now Section 7A and 7B had been inserted therein providing a remedy of filing a complaint before the Regional EPF commissioner for redressal of your grievance.I would be able to guide you better post knowing the nature of your company- whether its a govt corporation/pvt company and the best pausible legal solution for the same.

Q: Father died interstate brother taking all property mother want share

actually my mother wants to fight a case against her son as my father died recently and my brother has taken all her documents and bank pasbook etc. i just to verify will it create an issue if my mother give property to which is on her name and i want to file a case for my father property to be on my mothers name and my brother and his wife beats my mother I AM HINDU BY RELIGION

Advocate Anagh Mishra answered
When your father had died intestate- all the children and your mother being class I legal heirs are entitled to an equal share in the property of the deceased. I would advise your mother and you to file a suit for partition and declaration arraying your brother as an opposite party in respect of all the properties of the deceased.