Advocate Dr. Gubbi S Subba Rao

Questions Answered by Advocate Dr. Gubbi S Subba Rao

Q: Disconnection of water supply for non payment of maintenance charges

Hello, I am an Association member of our newly formed Apartment Association in Bangalore. There are couple of owners who disagree to pay maintenance dues despite regular persuasion. As per our byelaws it states that after 2 months of non payment and 15 days of notice if still owner doesnt pay we have the right to disconnect water supply. can society cut water supply of a member for not paying the maintenance ? Could you pls confirm me if disconnecting water supply a criminal offence or is it legal? If not, should we get our byelaws amended and remove this clause? Also, what other alternatives we have to force the defaulters to pay us money? Look forward to your earliest response. Thanks.

Advocate Dr. Gubbi S Subba Rao answered
Any action of the association in disconnecting the water supply to the non-member flat will be considered by courts as illegal, as it is an interference in enjoying the common facility. The owner has to be persuaded to pay the maintenance charges as a member of the Association. If any flat owner is not paying the maintenance charges, it is open to the association to pay the same and demand the same from the defaulting member in accordance with the law, as provided in the Apartment Ownerships Act. As per the Supreme Court ruling that no society is entitled to disconnect or suspend common amenities, including water supply. You have to issue a legal notice to the defaulter, and if he/she does not budge, move to the Civil Court. The Apartment Ownership Act of States will have a clause somewhat like this: Compliance with covenants, bylaws, and administrative provisions.- Each apartment owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions, and restrictions set forth in the Declaration or the Deed to his Apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners or, in a proper case, by an aggrieved apartment owner. Dr Gubbi, Advocate, Bangalore

Q: Validity of registered sale agreement in karnataka

How long will a registred sale agreement for an agriculture property of a Hindu is valid in Bengaluru? for ex. 3 years, 10 years? what is the court case number (Judgement order) we can refer to comfirm it? what happen to the agreement if sale registration dosent happen for long time? like sale agreement gets scraped on its own after few years? what is the land sale agreement validity period in India? what is the full payment agreement validity ?

Advocate Dr. Gubbi S Subba Rao answered
The agreement for sale is valid for three years. If there is a negative clause in the agreement, say, the buyer has to register the property within three months’, then, the limitation is extended by such period.It is in your interest you comply with the following in spite of negative clauses favoring you found in the agreement:If sale is not registered, then, you have to issue notice of revocation and cancellation of agreement even though the agreement is cancelled by flux of time. Validly cancel the agreement. It is always advisable to do this. It all depends on the clauses framed in the agreement. It is always good to refund the advance taken.There are many citations from various courts of law. I think it is not required to be shared at this juncture.Dr Gubbi S Subba Rao, Advocate, Bangalore

Q: My husband , in-laws have abandoned me

It’s been a year my in laws and husband have left me for no reason. I am being honest. They always wanted my parents to do everything. All relatives tried to talk to them but they have absconded from house. Home is locked and all their phones are switched off. Don’t know what to do? Should I file 498a and DP? I have no options left.

Advocate Dr. Gubbi S Subba Rao answered
hello we can handle your case . we have been handling cases like yours . we have around 50 senior lawyers practicing with us . please do call me so that I can help you out . I am a judge, an attorney . please call me

Q: divorce and husband own earned property

What if husband buys the apartment on his own earning and making a loan from bank, after he separated from wife for more than 2 years (CrPC 125 is still going on), is wife still can claim that property or gets any right on that property?

Advocate Dr. Gubbi S Subba Rao answered
hello just call me this matter Bangalore I am a judge batsman and an attorney at law practicing syllabus for 30 years years do call me thank you. we have handled your type of cases . I have round lawyers with me . call me please .

Q: Is the physical presence necessary in the country, for divorce

Hello,me and my husband wants to divorce ,he is Indian ,myself Hungarian .I cannot come to India due to big financial problems and lack of time. Can we divorce if i am not present ? Thank you,any advice is most welcomed

Advocate Dr. Gubbi S Subba Rao answered
I understand your position.The High Courts and the Apex Court of our Country has made it clear in its Decrees/Orders that " Physical Presence" of the Divorce Petitioners is not required.You being in Hungary, you can get the submission documents to the Family Court apostatized from the Indian Embassy at your Country.We deal with these Private International Laws and hence can assist you.BEST REGARDSDr Gubbi