Advocate Juned Khan

Questions Answered by Advocate Juned Khan

Q: Builder gave open parking exactly oppo to my parking

Hi,Please advise if taking legal action will help in this case. We have a covered parking space, and the builder allotted an open parking exactly opposite ours. When the other owner parks within the marked lines, it becomes very difficult for me to park my SUV.I have raised this issue with the builder many times, but he is ignoring it and only says he will ask the owner not to park on the exact line. I already damaged my car once while parking and had to replace the door.Please suggest.

Advocate Juned Khan answered
Open parking can be allotted by the society as wel as can be utilized by many, if not allotted appropriately. In such cases, the best approach is to settle the dispute rather than running behind any individuals. Try to negotiate with the person parking it as well for thr convenience of both the parties and involving the society.

Q: Pagdi tenant negotiating for redevelopment

We are a group of 3 tenants having pagdi ownership for more than 50 yrs in a building which is being redeveloped by owner who is also developer. We negotiated a MOU that was notarized. Post that owner obtained PMC sanction, has a commencement certificate and a RERA certificate We now have to hand over possession. But before that what is the document that should be registered - is it a PAAA or an Agreement to Sell, which is what they want us to sign. We want ownership rights to the new unit.

Advocate Juned Khan answered
For ownership rights in the new building to be developed, you are supposed to execute the PAAA before vacating the premises to safeguard your ownership, right, title and interest. You have not mentioned about Development Agreement.

Q: Will creation cost and process?

I need to create will but I am oci holder so do I need to physically present.? And what will be the cost and process.

Advocate Juned Khan answered
No, you don't need to physically be present to execute the Will as the registration of will is not mandatory in india. Only the cost of drafting a precise will in relation to your properties present in india needs to be mentioned appropriately and the same can be executed wherever you reside.