Advocate Nisarg J. Desai

Questions Answered by Advocate Nisarg J. Desai

Q: Bought home without any agreement and wants to return it back

Heloo nI have bought a house without any agreement. Whole deal money has been given to owner . And I have original document of house also. But I want to return it back to owner and want my money . Owner of that house is not ready to return back money. Please suggest me something

Advocate Nisarg J. Desai answered
Since you asked for suggestions, in my opinion, one should never deal with monetary and property related transactions without any written agreements-contracts that too be atleast notarized if not preferred a registered one. Now because of absence of any written agreements-contracts, you are left with quite less amount of remedies. Well, though limited remedies never means no such remedies to receive the consideration back. After looking at the schedule of payment made as a consideration for this property, you may proceed further filing a civil suit against the previous owner.

Q: Dispute regarding boundary between two societies

I am from Vadodara and currently am facing issue in which there is dispute between my housing society and other society with regards to the boundary. We have a building plan which shows an existing road and the map of other society shows it as their common plot. There were no issues till now and both societies were constructed in 1988 but now it is starting to become violent as some new owners want to build a fence which would block the entry and exit of two of houses belonging to my society. How to resolve the issue?

Advocate Nisarg J. Desai answered
Make a representation before the concerned authorities and simultaneously file litigations before all the concerned Courts of Law as well as the tribunals empowered to deal with such matters. As you have the approved layout plans showing the original positions, it wouldn't be hard to get your issues resolved.

Q: TP on Jamin Touch Maryada Land

I have land in Vadodara that I received under the Jamin toch maryada law. Is the government allowed to put a TP on it? It is agriculture land and not NA land.

Advocate Nisarg J. Desai answered
Government may for the development of a specific area, put TP wherever it thinks fit and proper for the purpose of expansion and infrastructural use of the land resources. Looking at your queries, one must look into the mutations, proceedings done (if any) and other related documents. Primarily, in my opinion the answer to your principal query is the government is empowered to put a TP even if the land is for Agricultural use.

Q: TP put a road in my NA Property

I have land that is NA but as part of TP road expansion they have drawn a road through my property. What can be done so that can be removed?

Advocate Nisarg J. Desai answered
You may challenge that before the authorities if they're receiving objections to it. If not then, you may approach the higher authorities of the State Government. Another remedy is to plead your grievances before the High Court.

Q: Unregistered gift deed is void or voidable how procedure to revoke

2009 me ki gai un registered gift deed jo ki condition ke sath ki gai thi ki chacha and Chachi ki life time seva davai karani hogi par chacha ke marane ke bad seva nahi karane ki vajah se chahi ne 20 ru ke notary affidavit se gift deed cansal kar patavari ko entry radd karne ke liya abhi bhi chachi ke sath bhatije ka nam he to gift deed cansal ho gaya ya nahi ab hum will kar shakte he

Advocate Nisarg J. Desai answered
Your questions and situations maybe solved upon specific, profound and proper legal attention filled actions. The matter seems complicated. I'd suggest you meeting a lawyer with the concerned documents and mutation entry records. Take actions based upon the professional advice. Jay Hind!