Advocate Arunkumar Khedia

Questions Answered by Advocate Arunkumar Khedia (25+ answers)

Q: Delay in construction and possession of flat

We have invested in a property in 2013. Post which the project got stuck due to disputes within the partners on the builder firm. Since 2017, which was our possession date we have been following up with the builder for a refund and compensation but to no avail. The challenge is we only have the receipts, allotment letter but the sales agreement was not signed considering the disputed project never started in construction. Do let me know what can be done.

Advocate Arunkumar Khedia answered
Hello there , even if you do not have the sale agreement or any other agreement, you can still fight for your rights. The receipts , allotment letter or any other communication like emails or chats all comes under evidences and you can file a case against them in Consumer court as well as in RERA. For further information you can contact me through LawRato.

Q: LOA from court received for a flat in Mumbai

LOA from court received for a flat in Mumbai. What is the next steps to follow for making the flat saleable?Please advise the process In Registrar office (For name change) and in the Housing society based on LOA

Advocate Arunkumar Khedia answered
The next step for making flat saleable is to get the share certificate transfer to your name by giving an application to you society with the LOA copy attached to it. Once the share certificate is transferred to your name and you are admitted as a member of the society, you can sell the said flat. While making the sale agreement you will have to show that you are the LOA holder for the said society. For any further explanation you can message me through LawRato.

Q: Need advice on legal inheritance

Elder brother has passed and his children are not ready to share property, when property bought it directly on the name of elder brother what can we do? As per indian law

Advocate Arunkumar Khedia answered
Hi, first you should have mentioned that you are younger sister or brother. Also you should mention about your cast as succession laws are different for different castes. Assuming that you are younger brother and Hindu , you can file a case against the legal heirs of your Elder brother and you will have to prove in the court that the property purchased was with equal contribution from both of you. If the same is been proved , than you can go for partition.

Q: Illegal eviction and harassment by society members

Our owner is evicting us because my roommate owns a pet but we have there is not anything regarding pet clause in our agreement. Can he evict us directly with no warning. Moreover the society members have been harassing us for throwing cigarette butts below the building but they are not ours they come at our flat at 8 in the morning and screamed at me for it but we didn’t throw it. They made several complaints over the cigarettes but we are not at fault. Is there anything to be done?

Advocate Arunkumar Khedia answered
If you have not done anything which is completely illegal and against law than as per general terms of a leave and license agreement, a notice of 30 days has to be given by the owner for eviction. Now if we talk about the pet which your roommate have and owns (assuming it to be dog or cat) if the society have some pet policy than you will have to abide by it and if not than this reason doesn't suffice your eviction. But make sure your pet doesn't creates nuisance or hurts anyone. The issue of cigarette butts is not a big issue but littering is. So if you have not done it than you should ask for evidence from the persons who are making allegations and also try to find the real culprits.

Q: Inheritance property law matter and need advise on latest cour order

I just received an order from court as a status quo. I think its good think though I had filed and partition suit and injuction on property. My father died without will and all the properties in possession in my brother My lawyer advise me to file partition suit and injuction I am asking for my equal share Please advise and thank you

Advocate Arunkumar Khedia answered
Your advocate have advised you correctly and properly and as per me you should go with his advice. At the same time you can tell your advocate to file a suit for LA in the relevant court. This will help court decide who is the legal heir or heirs.