Advocate Avinash Jagannath Pawar

Questions Answered by Advocate Avinash Jagannath Pawar

Q: Legal action that can be taken if builder delays giving possession

I have booked a house at karanjade I have paid whole amount. All obligations are completed, I even have possession letter in my hand. But recently an issue arose between the partners of the building and hence the developer is not giving keys of our appartment due to issue among them. The builder isn't receiving our calls as well. I know we can file a case for possession. But I wanted to know that can the builder hold our keys just because of partners issue (also we have possession letter and house is also registered on our name) Also under RERA Act how much interest can we claim on delayed possession. Can delayed possession be of 1 month or so. Thank you for your response and time in advance.

Advocate Avinash Jagannath Pawar answered
builder can not hold your keys just because of partners issue.under RERA Act !0% interest can be claimed p.a. for delayed possession. delayed possession can be be of 1 month or so. Thank you for your query

Q: Procedure in case a coparcener dies after executing sale deed

There are four coparcener in the joint Hindu family. Joint property consist of 29 Acres of land. But partition of land property has not been executed. Widow of one coparcener executed registered sale deed for land. Purchaser is not in a possession of land since partition has not been done as objected by other coparceners. Now widow expired, what is the entitlement of purchaser, does he have the title.

Advocate Avinash Jagannath Pawar answered
title and possession are two different things .title has passed on to you from the sale deed you have exicuted . so dont worry about title . you have full title . file a suit for partition .thanks and regards

Q: Property Distribution Among Two Co-owners From Different Families

We buyed a property with land of 3000sqft and hv a construction of house of 1052sqft on it. It is actually buyed among us and a friend. Due to difference in opinion, we want to seperate our share as we are interested in developing it into a hospital while the other co-owner wish to utilise it into a restaurant. The registration paper don't have written anywhere that both are 50%-50% owner. What is the procedure for seperating it into equal parts among two of us.

Advocate Avinash Jagannath Pawar answered
the procedure for separating it into equal parts among two of you is to execute and register a "deed of partition" and file it with the appropriate government authority .thanks and regards

Q: bought under construction property and letter of allotment issued

we bought an under construction property from a developer and were issued an allotment letter after paying a token amount in the year july 2010.the construction started and as the construction progressed upto 4 slabs in the year 2011 the developer demanded the 1st installment which we paid and stamp receipt is also issue for the same.after this 8 slabs were constructed in the year 2012 and the developer demanded the 2nd instalment as per the allotment letter which we paid and stamp receipts have been issued for the same. in the year 2015 the builder demolished the structure upto 8 slabs for which we have paid ,we approached the builder just now in 2017 and they say now new plans are going to be put up and they are looking for a new partner for developing the project. please inform what should we do now as we have become helpless.

Advocate Avinash Jagannath Pawar answered
if you have allotment letter ,receipts of the instaalments paid then you can approch under mofa or rera act to the concerned athorities for the refund and interest on the amount paid to the builder and also for the said flat to civil court .

Q: About cancellation of agreement with construction campany

My land had been given for development to construction company that means I am the shareholder but campany is not giving full money to me as I have a case of my sister for property share and I want to cancellation the agreement

Advocate Avinash Jagannath Pawar answered
if your land had been given for development to construction company that does not mean that you are the shareholder but campany .if company is not giving full money to you for any reason , you can send him notice of cancellation the agreement.