Advocate Pragati Patil

Questions Answered by Advocate Pragati Patil (25+ answers)

Q: Heavy 40% deduct on post payment of 5 lakhs

Total plot price: ₹11.4 lakhsI paid a total of ₹5 lakh by cheque (in addition to an earlier token amount receipt) I have payment receipts and bank proof of the cheque payment No registered sale deed has been executed No allotment letter has been given to us My mother never signed any agreement.My mother never went to any court or registration office for execution of an agreement. The seller is saying that because they prepared a draft agreement, they will deduct 35% from the ₹5 lakh paid

Advocate Pragati Patil answered
From the facts stated by you, if no registered Agreement for Sale has been executed, no allotment letter has been issued, and your mother has not signed any agreement nor appeared before the registration authority, the seller cannot arbitrarily deduct 35% merely on the basis of a “draft agreement.” A draft prepared by them has no legal sanctity unless accepted and executed by both parties.

Q: society common area given to builder for private use

Can a builder use society' common area like area around the building and terrace fpr private use , even if it is approved in supplementary development agreement?

Advocate Pragati Patil answered
Generally, a builder/developer cannot claim exclusive or private rights over society common areas such as open spaces around the building, terrace, passages, stilt area, etc., merely for private use, unless such rights are legally and validly conveyed and are permissible under law. Even if mentioned in a supplementary development agreement, the validity depends upon whether the society/members have lawfully consented, whether such area is classified as “common area” under sanctioned plans, and whether the builder had transferable rights over the same.Terrace and common areas are usually for common benefit and cannot be appropriated for private use arbitrarily. Please get the development agreement, supplementary agreement, approved plans, conveyance deed and society documents examined by a local property lawyer to determine legality and available remedies.

Q: Paid money but not received building

My name is Michael my dad has given Rs20 lakhs to his friend for building but still not received building we don't have any proof for given money. All the money given by cash. So we don't know what to do now. We don't have his address as well. Only contact number available and his UPI id. So kindly guide me how to handle this issue. We residing at slum area jarimari sakinaka mumbai.

Advocate Pragati Patil answered
Since the amount involved is substantial (Rs. 20 lakhs), do not delay. Even if payment was made in cash and there is no written agreement, your case is not automatically weak. Preserve all available evidence such as WhatsApp chats, call recordings, SMS, bank withdrawal records around the time cash was given, witnesses (if anyone was present during payment), UPI ID details, and call logs.First, send a legal notice to the person demanding refund of money or completion of the promised construction work. Since you have his contact number and UPI ID, his identity and address can often be traced. If there was dishonest intention from the beginning, a police complaint for cheating and criminal breach of trust may also be explored. Depending on facts and available evidence, a civil recovery suit can also be filed.Please collect all available documents/details and consult a local advocate immediately, as delay may affect your legal remedies.

Q: Possession delay but within the grace period mentioned in agreement

My possession is November 2026. As per the agreement the delay the possession is November 2026+18 months grace period. Now they have announced possession by Dec 2027. Can I get a compensation or file a case mentioning Nov2026 was the earlier possession. Does the grace period also counts

Advocate Pragati Patil answered
Yes you can file case under Rera for interest on delay position from the date of registration and execution of agreement for sale till the date of handing over possession along with occupancy certificate

Q: 6 भाऊ आणि 2 बहिणी अदा परिवार त्यातील मी 5 नंबर चि सून आम्हाला काहीच दे

मी या घरची सून आहे आणि सासू सासरे हयात नाहीत मोठ्या भवानी 20 वर्ष आमची कमाई घेतील आणि आम्हाला काहीच दिले नाही आणि घर आणि शेती, सासू चे सोने 60 तोळे यातलं काहीच देत नाहीत सारखं मागून सुद्धा...मी कोणतं पाउल उचलू त्याबद्दल माहिती पाहिजे आपण माझी मदत कराल का

Advocate Pragati Patil answered
जर घर, शेती किंवा इतर मालमत्ता सासू-सासऱ्यांच्या नावावर असेल तर त्यावर थेट हक्क सिद्ध करण्यासाठी कागदपत्रे, आर्थिक योगदानाचे पुरावे आणि मालमत्तेचा प्रकार तपासावा लागेल. मात्र तुमचे स्त्रीधन, दागिने किंवा तुमच्या कमाईतून घेतलेल्या वस्तूंवर तुमचा कायदेशीर हक्क आहे आणि ते परत न दिल्यास तुम्ही पोलिस तक्रार, Domestic Violence Act अंतर्गत अर्ज किंवा सिव्हिल दावा करू शकता. जर मोठ्या भावाने फसवणूक, दबाव किंवा अन्यायाने सर्व ताब्यात घेतले असेल तर मालमत्तेचे कागद, 7/12, बँक व्यवहार, सोन्याचे पुरावे गोळा करून योग्य कायदेशीर कारवाई करता येते. कौटुंबिक मालमत्तेच्या भांडणात “सगळं माझंच” हा भारतातील सर्वात लोकप्रिय पण कायदेशीरदृष्ट्या कमकुवत दावा असतो.