Advocate Bharat Narasgouda

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Questions Answered by Advocate Bharat Narasgouda

Q: Delay in giving posession of the appartment.

Can we get posession of appartment eventhough builder did not give posession. The appartment got registered after full payment and become absolute sole owner of the appartment.The appartment was got registered diring June 2022. In spite of repeated request, the builder is not giving key/posession of the appartment.

Advocate Bharat Narasgouda answered
you can issue a legal notice and file a case in consumer court for deficiency in service as delay in giving possession of property as per agreement amounts to deficiency in service. or you can file complaint in RERA.

Q: Can I send an Legal Notice to the Seller for Registration Delaying

Hi All, Please advise on the Registration MatterI am a buyer who had purchased the farming land of 1 acre in April 2020 by paying advance of Rs 2,30,000 and made agreement for 11 months to register the land and to collect remaining amount. But the seller is not doing registration from last 2 ½ years and giving some or the other excuses and giving stupid reasons and he is escaping to register the property. Hence, I am planning to go for a Legal Notice. Note: In Sub-register only did the agreement registration for 11months.

Advocate Bharat Narasgouda answered
yes you can send a legal notice through lawyer informing him to get register the land by receiving the balance amount within a period of 15 days failing which you will file a suit for specific performance of contracts in which case he will alone he responsible for all the cost and consequences.

Q: Late Younger brothers wife illegally staying in my property

Dear respected Sirs\My late Younger brothers wife is staying in ground floor. She has occupied 2 houses illegally and refused to vacate. The property is in my name. And i am paying taxes for it. Khata is in my name. For 3 years she is creating problems. She already has property gifted to her by my dad after my younger brother death in different area of city. Also she is staying freely without paying rent or lease. Also past few months, she is not paying her electricity bills. Pls help me how to vacate her from my property. Thank you sirs.

Advocate Bharat Narasgouda answered
for that you have to file a suit for possession stating that you are the owner and the said younger brother's wife is staying illegally in your property and even after many requests she is not vacating the property, as she is having other properties in her name she cannot claim right to residence more over when it is your property. if she creates hurdles you can claim in the properties given as gift to her by filing a suit for partition in all the properties.

Q: School refusing to return the original birth certificate of my son

My sons are studying in a private school affiliated with CBSE. Recently for some personal reason, I wanted to shift them to another CBSE school near my house. However, I am surprised to find that the previous school is refusing to return the original birth certificates. I want to know whether a school can demand to keep such an important legal document in their custody.

Advocate Bharat Narasgouda answered
sir birth certificate is a public document you can apply and get any number of certificate from the concerned birth and death registrar office. it hardly costs you about less then 100 Rupees, instead of wasting your time in school you can easily get the birth certificate from the concerned office.

Q: Advice on Divorce after my wife has left home on her own

We had got married in the year 2019 from then till now my wife isint satisfied , she always keeps fighting , calls her parents home for fights , if we tell her something she changes it to something negative and reports at her home and they come and without discussing start fighting , she has left the house once for 7 months now again she has left the house on 21st feb and she has said she will never return and when u asked to return the mangalsutra she went to women police station and left the house and she is saying she wont give divorce and we have to stay like this only forever seperate , what can i do ? What are my rights? Is it right on her side to say she wont give divorce when she has left on her own and said she will never return

Advocate Bharat Narasgouda answered
if she is not ready to give divorce and if your marriage is not working it is better that you file a case for divorce on ground of cruelty, as you have stated that she always keeps fighting, brings her parents and fights etc which amount to cruelty, you can add other facts as per your case and file a petition for divorce.