Advocate Nirmit Srivastav

Questions Answered by Advocate Nirmit Srivastav

Q: Land has been captured by sons of elder brother of maternal grand father by showing non registered w

Land has been captured by sons of elder brother of maternal grand father by showing non registered will of maternal grand father in 1991. Civil suite has already been filed by only daughter of maternal grand father in 1991-1992. Stay is yet to filed by daughter\'s lawyer. How to proceed further.

Advocate Nirmit Srivastav answered
You will have to your preliminary objection along with the written statements against the suit filed by the sons of elder brother. You may also file an application under order 7 rule 11 against the plaint

Q: Stay order on a residential building

Is it possible to get a stay order on a house? If yes, can anyone live in the said house if a court has ordered stay order on it?

Advocate Nirmit Srivastav answered
Yes that totally depends on what is the nature of the stay order, there are multiple nature of stay orders, which the court can pass with different embargo. I can indicate that on great detail once we discuss the same in future. Best wishes.

Q: Delay in disposal of case in Board of Revenue

My matter is pending in board of revenue since 2006 and order has not come yet.Is there anything that I can do for a quick disposal of my case?

Advocate Nirmit Srivastav answered
This is before which board? You can anyway file a writ before the high court for expeditious disposal of the matter, and the high court will stipulate a time period of the disposal of the matter or may even time bound the entire proceedings

Q: I just got a flat from supertech in greater noida with allotment letter and physical handover of the

I just got a flat from supertech in greater noida with allotment letter and physical handover of the unit everything is on my name suddenly one person appears and says that he the owner of this property and he has a loan from hdfc he saw my papers and went back but today i received a drt tribunal Lucknow's speed post sent on their names addressd to our flat though i send it back saying there is no one with this name now i am worried about what will happen next the fact was conceled by supertech they did not disclose that this current unit is sold to someone else as well and not sure how could they generate property papers when the papers would have been with bank already so what should be my next step what should i expect from banks who says the property is morgage with them

Advocate Nirmit Srivastav answered
You need to inform the actual borrower at the earliest, so that he represents in the DRT court, the period of 45 to provide reply is mandatory and the extension is barely granted. So all you need is proper representation so that your possession is not disturbed.

Q: execution of recovery certificate issued by UPRERA

UPRERA has issued recovery certificate and sent it to DM for recovery. The defaulting promoter says he had filed an appeal with rera tribunal which is pending and he has deposited 30% of recovery amount . Once recovery certificate is issued is there any meaning / validity of the appeal case. can promoter get stay on recovery certificate execution.How can we recovery our amount

Advocate Nirmit Srivastav answered
Have you appeared in the appeal? What is the current status of the appeal? You will have to get the appeal rejected at the earliest and then simultaneously move for expeditious execution of the RC, wherein the high court directs the concerned DM to execute the RC