Advocate Prashant Chandra

Questions Answered by Advocate Prashant Chandra (100+ answers)

Q: Builder not giving CF NOC what to do

I have purchased a flat in resale. The loan has been disbursed by HDFC bank. The builder and the seller party told that they will submit the documents cf noc from builder within 15 days. It's been more than 15 days. The builder has not submitted the required documents to bank due to which I have to pay pre emi interest to the bank. We have paid all the dues to builder and still builder is not submitting the required documents. I don't want to pay any more pre emi interest because of this issue on builder's part. Tell me what should be done legally and also I want to send a strong message to builder so that it does not happen again

Advocate Prashant Chandra answered
Hi, you can send legal notice to the builder asking him to submit all the documents to the bank and if still he doesn't submits the same and you are charged with pre emi interest, then you can file a case before UPRERA or consumer court. Kindly visit office for further details

Q: What is the time limit allowed to file a rejoinder affidavit? Please provide details on the limitati

Dear Sir, In my case, the opposite party has filed a counter affidavit, and now I need to file a rejoinder affidavit. Could you please tell me the time limit allowed to file the rejoinder and the limitation for filing a rejoinder?

Advocate Prashant Chandra answered
you can filed it as soon as possible. from three days to one week and you can filed it whenever it gets ready.there is no time limit for the same.as soon as the pleadings are completed, the case will be taken up for final hearing

Q: Can i file for divorce while living in the same house ?

Can a husband file divorce while living together with his wife in same house ?

Advocate Prashant Chandra answered
Yes. Divorce Petition can be preferred by staying together and there is no any precondition of Hindu Marriage Act, 1955 that parties should stay separately. The requirement of Law would be no any cohabitation between both the parties and thus staying together in my opinion would not be the bar to file matrimonial proceedings on the grounds as contemplated in the said Act of 1955.kindly visit chamber for further details

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 Prashant Chandra answered
In order to recover the amount you need to get the appeal decided. In case of refund of entire deposited amount the Promoter needs to deposit the 100% of the amount and 30% would not suffice. Tribunal will only hear the appeal once the 100% amount is deposited. If the Promoter is not depositing the amount and unnecessarily keeping the appeal pending then you can press this in the appeal and the appeal will be dismissed. Kindly contact us for further details.

Q: Lucknow development authority allotted plots but denied registry even

I have been allotted a plot in Lucknow development authority project Basantkunj yojana in dec 2019. I deposited Rs.41lakh (full amount of property) in January 2020 to lda account. As per it's registration declaration LDA assured to give possession of plot within 3 years. Yesterday I have received a letter from LDA that due to encroachment issue registry of my plot could not be done. If LDA did not have possession on the said plot how did they allot it to public. Why are they not offering to refund my deposit amount or offer me another plot in the same planning? What legal recourse do I have. LDA is a govt organization and also the said project is registered under RERA

Advocate Prashant Chandra answered
As the project is registered under RERA therefore you can file a complaint before RERA either for refund. Your amount deposited with LDA will be refunded with MCLR+1% annual simple interest. Kindly contact us for further details.