Advocate Dheeraj Gupta

Questions Answered by Advocate Dheeraj Gupta

Q: How to get money back from builder

Hi, Myself , I had booked a flat under “KRISHNA HOUSING SCHEME 2014” which is a partner of Raheja Developers, the sales person told me that he will take care of my home loan thing as he is having good contacts after knowing about my personal loan liability in advance before paying booking Amount - this was his first lie and he said after one month a lucky draw will happen and then the floor allotment will be decided, which is a completely false commitment again, after too many calls and follow ups for proper receipt of amount paid by me he arranged the invoice copy after 2 months of booking and then I get to know I have alloted 8th floor in the building without any lucky draw thing. I asked to cancel my allotment 2 months back but now no one is telling me when I will get my money back, please help.

Advocate Dheeraj Gupta answered
Dear Sir,We live in an era of real estate scams taking the present examples of Earth Infrastructures, Amrapali, Unitech, Jaypee and so on and so forth. Our advise to you would be to explore all possible legal remedies i.e. civil and criminal against the builder.

Q: Ex parte stay in property matter

If the ex party stay has been taken by the party and after 3 year also arguments has not been heard 39 1&2 what to do and how can we vacated that order p

Advocate Dheeraj Gupta answered
Dear Sir,Please note, you need to file an application for vacation of stay. It is quite astounding that an application under Order 39 Rule 1&2 has not been heard even after three years. You should immediately file the application for vacation of stay and press the court for hearing the arguments by bringing forth the loss suffered by you due to continuance of the stay.All the best.

Q: Process of execution of stay granted by CAT

Stay granted on 15.9.2016 against holding of Departmental Promotion committee of Central Bureau of Narcotics (CBN), Gwalior on vague grounds, in the interest of ineligible officers. Stay not vacated even after filing a detailed REJOINDER by CBN. Many times case is listed but not heard, causing suffering to a large section of officers. Pls guide.

Advocate Dheeraj Gupta answered
Dear Sir,You should file an application for urgent hearing for vacation of stay stating all the grounds on which you feel the stay granted by the court can be vacated and why is it important for the application for stay to be heard on an urgent basis.

Q: How to ascertain the validity of a will

My uncle filed a suit for possession of a property we are living in for 32 years on basis of a registered will made by my grandmother who died within 10 days of execution of will. She was ill for an year before this and was under the care of my uncle whom she left everything in her will. He filed a suit and we gave a written statement alleging that the will is forged and fabricated and that the house was orally gifted to us by grandmother when purchased. Now the court issues listed out for settlement by LC does not include the issue of validity of will. I am asking my lawyer to get the issues revised as the will is suspicious and forced but he says that it is good for us if the issues listed do not have issue of wills validity. Is it true ? Should we ideally apply for the issues reframing or apply for revision of written statement where allegations have been erroneously made as fabricated will and not forced will.

Advocate Dheeraj Gupta answered
Dear Sir(s)Please note that there cannot be an oral gift of immovable property. Secondly, there should be an issue as to the genuineness of the will and the burden of proving the will should be on your uncle. It is difficult to advise if you should revise your written statement without actually looking at it.Thanks and regards

Q: Whether property biyana made in 2013 valid till 2016

We are living in this property from many years now but one of our known party with forgery signed a biyana -- whether that biyana signed in 2013 is valid till 2016 -- they have filed a case against us

Advocate Dheeraj Gupta answered
Dear Sir,Whether the biyana receipt is valid or not is question that will have to be determined by the Court now that the case has been filed. Further, it would be easier to advise the course of action once you share the documents.