Advocate Kushaan Solanki

Questions Answered by Advocate Kushaan Solanki

Q: Land-lord is declared as a ex-parte,what will be the on suit.

Elder brother has filed the suit. Land-lord, two brothers and sister are respondents . Land,-lord is declared ex-parte by the court. Suit is on the issue stage. What will be the effect of ex-parte of land-lord on the suit. .

Advocate Kushaan Solanki answered
Whom are you concerned for? Landlord will have no bearing on the suit. He will have to submit to the decision of the court.He is considered as a non contesting party.The case will be contested between the brother and sister.

Q: How to take action against neighbour

We live in a co-operative housing society. My neighbour next door and I live on the ground floor. 1)Her servant makes lot of large sounds while washing clothes daily for two hours.Its recorded on the noise meter app more than 65 decibels. It is causing me mental torture. When we requested her to ask her servant to reduce the noise, the neighbour said 'the noise will come,i don't care'. Other neighbours don't make sounds while washing 2) Also their kitchen chimney exhaust pipe has been placed in the direction of our house. They cook prawns, seafood daily. So all the nonveg smell, spices smoke, heat enters our rooms. We are forced to shut our windows thrice a day till the cooking is done. We are vegetarians. They are refusing to shift the chimney exhaust pipe. 3) Also their unemployed brother who is 45 years old stares continuously at me and my female relatives whenever we step out of the house. Society committee, chairman say that we cannot interfere. Kindly advise.

Advocate Kushaan Solanki answered
You can simply send a Legal Notice through an advocate warning them of filing legal case in appropriate court against their conduct and to protect your right and also ask the society to pass a resolution against the concerned member, Please send Legal Notice through advocate as it will safeguard your interest.

Q: Is it legal to accept divorce notice by speed post from against party

As I am stuck with divorcee case, My sister comes to my home after her husband beat her and forced to leave home, then she comes back to our house, later 14 days her in-law send a divorcee petition by lawyer thru speed post which we did not sign due to no one present and went back to origin place, Is it right to not accept it?

Advocate Kushaan Solanki answered
Though you did not accept the petition, on behalf of your sister you need to make inquiry whether proceeding has begun or not otherwise ex-parte order will be passed against your sister so please take advise from an advocate and take necessary legal steps.

Q: Unregistered Flat Purchase Agreement of Owner

We are in process of buying a Flat in Borivali Area in Mumbai City. The Current Owner had purchased this flat from a Individual Person via a Agreement in 1976 on Stamp Paper of Rs. 5, however he did not registered the Agreement. The Building was constructed in Year 1973. The Society got registered in 1978 and Society got the Conveyance in 1984, name of current owner comes in Conveyance Deed of Society. In short, current owner paid 5 Rs as Stamp duty on Agreement of Sale of Flat in 1976 and did not registered agreement, later society got registered in 1978 and he became founder member of Society, his names also comes in Conveyance Deed with Society. Now I have 2 Queries :1. Did Owner paid sufficient Stamp Duty of Rs. 5 in 1976 ?2. He did not register agreement in 1976 ? Is it ok if we buy this flat, OR we may have to pay penalty due to his non registration as he is 90 yrs old and do not wish to register old agreement now.City Mumbai , Religion Hindu.

Advocate Kushaan Solanki answered
Normally you need to personally meet the advocate for proper consultation with all the necessary document so he can guide you properly and as per your query every thing seems proper but still pay a visit to the Advocate office as it will safeguard your interest

Q: Recovery of dues from debotors

i had sold goods worth 6 Lakhs but party had not paid the dues yet. i have bills but some are signed by the party as delivered and others are not. i haf not taken cheques as well how can i proceed further legally?

Advocate Kushaan Solanki answered
You can file a summary suit in the civil court and obtain a decree and you will get your dues from the concerned person. Its a summary proceeding and you will get a quick order in your favor if you have all the document with you