Advocate Gaurav Pandya

Questions Answered by Advocate Gaurav Pandya

Q: bought property, recovery of money, chq bounced

i bought properties , on raja chitthi from govt, paid money, may 2016 project started,,then stopped by society, they did not gv permission, builder agreed to pay interest ,gave chq 25 lacs , bounced, requested not to go legal, we made new paper , that builder will pay equated 5 lakhs x 15 months , v made agreement , signed papers and they have not given chqs yet, what to do,hindu, gujarati

Advocate Gaurav Pandya answered
Credit the said cheque in your accounts and move further to file criminal comolain.Criminal Case is a big burden for any one.There is a provision for Fine and Penalty too.If everyone files like yours against same party. Builder will lose their image too.It will help to resolve your issues earliest.

Q: Can a joint property be attached and auctioned

Brothers were running a partnership firm & they were mfg. of products. business was shut due to losses. One worker went to labour court & sought order against my father and uncle. The order was passed ex parte as firm didn't had money to fight in court 10 yr back. Please note that all the summons were served to partners but they didn't responded as they themselves were under difficult situations. Questions are as under 1. Can the joint property be attached and auctioned (owned by partners along with sister and mother) as liability is only of partners? if yes, how to prevent auction

Advocate Gaurav Pandya answered
Very First must be taken is this... Plz file the petition Misc. Application for Restoration of case. Once it is allowed by the court, then in the main case, you may take all the disputes, grounds, etc. In case of joint property, particular that share can be attached.. But it also can be challenged and many more..

Q: Brought property but did not register other party took loan on it

Hello Sir/Ma'am, My father had bought a land in our village. we have stamp paper also citing the same that it belongs to us and everybody knows that it's ours. now the thing is that, my father didn't registered the same in panchayat and the previous owner has took loan on that land by allowing it as collateral to bank. this loan period is also like 10-15 years long and iits only like 1000 but interest has increased to 1 lac. now he is refusing to pay loan and by that we can't register that land on our name in panchayat as the land is under collateral by bank.

Advocate Gaurav Pandya answered
U must file civil suit attaching proof od consideration amount etc. it doesnt concern to u for loan period, loan amount etc or whatever it may be. but only stamp paper doeent make u purchaser in anyway.

Q: One receipt is missing which builder denied to provide again

My loan with DHFL has been finished. When See my documents, I came to know that one receipt is missing. I asked them but they denied. I have a proof from DHFL that all the original receipt they have. What should I do? Does original receipt that much important? Should I claim? Deed and other documents are there but missing single receipt. Also this bank charged 2500+service tax as a document retrieval charge. Please Guide

Advocate Gaurav Pandya answered
Which receipt u r talking about is nt clarified. So it is impossible to inform you that Whether it is required or not. You may file consumer complain if you are not satisfied or you need any documents etc.

Q: Brother denying to give share in property what legal action possible

My father are two brothers.My grandfather and grandmother have expired.They did not make any will.But now my father's elder brother is refusing to give my father his share in the propertyN moreover he is giving us warnings and all sorts of threat. To not to ask abt our share Can u please guide me, that can we file a case against this? N if yes what will be the consequences, how much chance we stand?

Advocate Gaurav Pandya answered
Its fit case for your claim, right and interest in the said property. There are positive chances for you. But you will have to fight.. I mean you will have to file civil suit where the property is situated in the jurisdiction of that area.