Advocate Ashutosh Mohan Kulkarni

Questions Answered by Advocate Ashutosh Mohan Kulkarni

Q: Procedure to speed up trial of property matter pending in court.

Hi Sir, my property case is pending in Court for a long time. Somebody suggested me to talk to sub division Magistrate to speed up the process. Please advise.

Advocate Ashutosh Mohan Kulkarni answered
What is your age and what is issue in case is very imp. If y hv senior citizen and y are party of suit then y can apply for speedy trial. If your issue in case is effected on your livelihood then y can apply for speedy trial

Q: How to get development agreement terminated with builder?

My parents entered into a DA(revocable PoA)with builder in Apr2005. Received cash benefit (six lacs) at the time of agreement.Development work supposed to be completed and possession to be given in 15 months from the date of DA. Builder defaulted on: Construction left incomplete.Work not carried out per our DA.As agreed in DA, not paying rent for our existing flat.Since last 6 years, builder did not carried out construction activity on this land even if there is no any stay order from any court case. We approached consumer court (district (2009) and state forum (2013)) but no relief. My father passed away in year 2013 who was the person involved in PoA. Even after 12 years work incomplete.Agreement does not have any termination clause. However, there is a provision of penalty of Rs. 1000/- daily if the work is not completed within 15 months. How can i legally get the development agreement terminated without having to pay to builder anything. Land is in Maharashtra state.

Advocate Ashutosh Mohan Kulkarni answered
Your agreement register or not? If register then POA automatically terminate after your father's death. For dev agreement termination you have to file civil case under specific performance act sec 27.