Advocate Krishna Gopal Mishra

Questions Answered by Advocate Krishna Gopal Mishra

Q: Seller not returning token advance amount as flat in bad condition

Hello sirs, I wanted to purchase a flat in vrindavan for 18 lakhs.. I reside in USA so looking at the pictures on 99acres.com i decided to buy the flat.. i paid 5lakh per seller request as token money just to secure a spot.. now my friend who lives in vrindavan actually saw the house and it is in very bad shape.. the seller wrongly posted old pictures.. we never signed any legal deed.. i transferred money to his bank account online. I have all communication over email saved.. now he is refusing to pay the money saying he has invested it and that i should wait for 4 months and then he will pay in installments.. also he is posing as owner.. but house is not registered under his name.. another person has the title on his own name.. What can be done in this case sirs? Can i sue this guy or am I screwed because of stupidly giving him 5 lakh blindly.. Thank you,

Advocate Krishna Gopal Mishra answered
You can file case for recovering his money within 3 year from the date of the when you handover money/ Rs to the builders before competent fourm but before file recovery claim , send legal notice to the builders through advocate for 15 days and also file criminal case againt said builders ...rest after looking recard..

Q: Property papers being transferred in daughter's name frauduently

sir maine wido se ak jameen jan-16 me khareeda jameen transfer ke samay wido ki daughter ne objection kar diya aor transfer ruk gya uske bad usne chupke se forjery trike se apne father ke death time 1998 ka white paper ka likha hua vasiyat dikha kar total property may-2016 me apne nam kra liya khatauni me uska nam darj ho gya hai hmara nam darj nhi ho paya ab ham kya kre pls help me sir

Advocate Krishna Gopal Mishra answered
Unregister will is not valid document from 2004 &mutation court can not accept unregister will since 2005 thereafter & sale deed is valid document, you can file suit for declaration before revenu court becase the name of the op is mutated in revenu recard on the basis of the will , rest advice after peruse the entire paper on fact.

Q: Family property sold by father's brother so want compensation of share

Family Property sold by my father's brother's 2004,I filed a suit,got a injunction order,the same was vacated by the buyer,by informing that he will give the share if the matter is in my favor,than goes and sells the land to a third party,the suit was decided in my favor twice,know the same is in the high court, The third party is enjoying the land from 2006, is there any provision to get compensation if the said case decided in my favor.pls advice Thank you Yours sincerely

Advocate Krishna Gopal Mishra answered
Define nature of family property which is land or house etc and transactions nature aswellas which provisions apply tenancy act hindu act or z a property z a hai or non za or agricultural or abadi , in property dispute can not be gave advice because it effect will bad thanku

Q: Query regarding authority to represent a society for common issue

Whether without obtaining consent of its executive committee, an ordinary member of the apartment owners association is eligible to submit representation to the govt authorities on common society issues and contradict official views of its association? Whether the association can call an explanation from the concerned member for this act?

Advocate Krishna Gopal Mishra answered
IN respect of the immovable property, the owner of the land/property/ flat etc . Can file representation/ case etc before the competent govt authorities himself or with association as per condition of bay laws or as provide the law on the subject