Advocate Ashish Agarwal

Questions Answered by Advocate Ashish Agarwal

Q: Dear Sir/Madam, nnI sold a builder flat in Ghaziabad . It was first hand flat in my name, buyer and

Dear Sir/Madam, nnI sold a builder flat in Ghaziabad . It was first hand flat in my name, buyer and his loan bank agent took my first hand original registry copy in return of cheque. nKindly provide more information, in what case seller hand over his/her original purchase registry copy to new buyer? Is it legal to hand over previous 'original' registry copy to new buyer with no proof in return?

Advocate Ashish Agarwal answered
from reading of your problem I see that you have been a part of a fraud because nobody submits the original sale deed document executive that sale so please let me know status as of now and are the buyers willing to return the originals will read or is there a dispute regarding that please let me know thank you

Q: Annual subscription to RWA whether necessary

Whether it is necessary to make annual subscription to RWA when the maintenance is with builder. If annual subscription not made, can RWA debar from voting and attending General Body Meeting

Advocate Ashish Agarwal answered
It depends on the terms and conditions of the agreement to sell. If there is an express condition in the agreement regarding payment of annual subscription to RWA then it becomes binding. So you need to check the agreement to sell and it's terms and conditions.

Q: The main reason behind this is, he blamed me of having affairs in a casual way but the word hurt me

The main reason behind this is, he blamed me of having affairs in a casual way but the word hurt me in thr heat and mind too. And now when i m complaining my parents that i will not marry that person, they r like u have to marry that person. We'll see how u will not marry him. I even dont want to marry anyone. Not ready for marriage. N my dad is like before questioning or blaming others just c inside ur own self as if i had physical relationships with so many people. What to do please help me otherwise i will commit suicide if they forced me to marry.

Advocate Ashish Agarwal answered
Suicide is not the answer, I suggest you find a good person for yourself whom you like then talk to your parents that you like someone else and want to marry him. Please do not think about suicide and negative stuff. Trust on God and get some counselling. You will find a person who will love you and care for you.

Q: HinAfter my father's demise we are 4 sis and 1 brother with our mother. He sold the property without

HinAfter my father's demise we are 4 sis and 1 brother with our mother. He sold the property without our consent and keeping all money to himself. Mother is illiterate so she doesn't know if she has given the power of attorney to him without her knowledge. Can we challenge it and what's the procedurenThanks

Advocate Ashish Agarwal answered
Yes the same sale can be objected by filing a complaint with the Registrar of Properties where he fraudulently sold the property and also an FIR should also be lodged with police under section 406,420 for cheating.

Q: Reclaim of land acquired by the government

My agriculture land had been acquired under land acquisition act 1894 urgency clause in 2006 but still, no possession has been taken by Government till today's date Sep 1, 2018. 12 years has been past. I have read acts 1894, 2003 and 2005. After reading except from them i.e. "land will be given back to the farmer if it remains unused for five years. The proposed amendment says the land will be returned only if the specified project on the land fails to complete the deadline". It seems, I can reclaim my whole agricultural land. I will appreciate a lot if any body can reply and help me on this?

Advocate Ashish Agarwal answered
You have absolute right to reclaim your land in wake of non usage or delay of project within 5 years as per the latest land acquisition policy and rules or Government . A specific petition under Land Acquisition Act needs to be filed asap before the Jurisdictional High Court for speedy disposal and relief.