Advocate Damodar Pote

Questions Answered by Advocate Damodar Pote

Q: Builder not giving possession of flat

Builder not giving me possession of my registered flat. Wha are my option if I go legally against him

Advocate Damodar Pote answered
Yes, You have right to file case to consumer court and claim compensation from him and possession of flat as per the terms porvided in Agreement. Consumer forum have jurisdiction where the property situated in that area . Consumer forum have lot of jughment against builder

Q: how to revoke irrevocably special POA and development agreement

how to revoke irrevocably special POA and development agreement. 36 months time period is lapsed both the agreement before 2 years but construction is yet to start. how to revoke these agreement . Please guide accordingly,

Advocate Damodar Pote answered
Both Development Agreement and POA will cancelled by filing civil case for cancellation Register Agreement.If you have not taken any amount from Developer as a part then it is very easy to cancel and also term and condition of Development and POA will also verify to cancel thesesAgreement. Apart from that you can also move consumer forum for compensation and claim to complete construction by following legal compliance for the construction.

Q: Giving property on rent for 3 yrs necessity to register the agreement

Planning to give shop on rent for a term of 3 years. We wanted to know whether the agreement is to be registered or not? What to do? If yes, what is the stamp duty?

Advocate Damodar Pote answered
Rent Agreement has to be register before sub registrar office to comiplete legal compliance, because in future if licensee breach terms and condition of agreement , either party can sue against erring parry

Q: Is it advisable to hire a property lawyer while selling a property

We are selling our old house to a local builder against a Flat and remaining amount by cheque. Should we hire a property lawyer? If yes, what would be the approximate fees? Thanks.

Advocate Damodar Pote answered
To hire advocate while selling property , must have to consult with lawyer for verify documents and terms condition written in agreement and fees would 5000/- for consultation and reading document agreement and advise on them

Q: What can be disadvantages of part completion certificate

Hi Expert, I have flat in Pimpri-Chinchwad Municipal Corporation(Pune) area. Our society is having total 8 floor. Now builder is going to handover the society and he is providing Part completion certificate till 7th floor. We don't know why he is not taking full completion (till 8th floor) from municipal corporation. I have some doubts regarding this; 1) What is the benefits for builder to take Part completion certificate instead of full completion? 2) What is the disadvantages for society if builder given us a Part completion certificate? Is society will face any issue while doing sale dead or society formation? 3) If builder given the part completion till 7th floor, what about 8th floor? Is it illegal or unauthorized.?

Advocate Damodar Pote answered
Sir, Unless and untill without verifying sanction building plan, we can't say any about unauthorized construction of 8th floor done by your builder. However for society has to taken full completion from the builder so lets obtain the full completion and then go for conveyance deed of the society from builder.