Advocate Priyam Sinha

Questions Answered by Advocate Priyam Sinha

Q: Builder made default in EMI payments to Bank

Dear Sir, I have bought a flat in greater noida west in subvention scheme in which builder has to pay the EMI to bank till 36 months and after 36 months builder has to pay the EMI to me (buyer) in case possession not offered. Initially builder pays few EMI and now builder is not paying it since last 1 year. I am receiving legal notices from various lawyers on behalf of bank regarding the recovery. I have filed case in consumer forum and I cannot pay the rent and EMI both. Kindly advice me what to do as receiving legal notices puts me and my family in huge pressure.

Advocate Priyam Sinha answered
You already had forwarded with the case by filing a consumer case against the builder. In reference to the bank compliances you can also add Bank a party to the suit which is pending in consumer court.

Q: Father has 2 wives and children from both how to distribute property

dear sir, my father married with two wives, from first wives one son and from 2nd wives 3 sons and one daughter after the death of all wives and my father, how property is distributed between all brothers and sisters. there is no will.

Advocate Priyam Sinha answered
Please confirm the religion so that personal law can be assessed. As your religion will decide the opinion. Please confirm ....

Q: roof right and construction on the roof

I am residing in ghaziabad. as 2years ago my father purchased a builder flat top floor covering the area around 41.40 Sq.mtrs . the total area of the plot was 82.81 Sq.mtrs .at the time of purchase builder assure us that the roof is not particularly reserved for someone, any one has the access to roof. the building contains 3 completed floors having 2 flats on one floor, a shop on ground and a flat at back side in ground itself . the construction of the flats was a collaboration agreement between the builder and the plot owners. the plot owner has a shop and the flat in parking area. Now they are trying to build a complete floor on roof also. After that the building will contain 5 floors. and there is no support to building from both sides. Sir, i want to know that is there any legal step that can we take to stop that construction as it is a danger for all the flat owners. please enlighten me with your gracious knowledge Sir.

Advocate Priyam Sinha answered
Firstly report the matter to GDA for illegal construction, if the authority had not sanctioned the revised plan. Secondly go through the agreement and check if there is any clause related to further construction in future. If it is there then confirm that do the plot owners needs consent of existing residents.

Q: Time limitation to file Compensation claim for Accidental Death

Dear Sir, My father was a regular TAX payer. He has passed away in 2009 in a road accident. We were not able to file the compensation claim that time due to some personal reasons. Is it possible to file that claim now? Please advice me. Regards

Advocate Priyam Sinha answered
you can file the Motor accident claim at any time as there is no limitation for filing the motor accident claim in the Motor Vehicle act as various case laws are in favor of the limitation clause. Among which one is "Vimla Devi v/s Majeed Mistri, 1(2003) ACC 127 Raj."

Q: Grandfather wrote will in father's name now uncle's claiming property

Hi,I want to take your advice regarding a property case.In which my grandfather made a will that my father will be the whole sole owner of his property after his death.And it was documented in in front of the government registrar in a civil court of our region.After 4 years of my grandfather's death the other brothers of my father want to take some part from that.That will was signed by one brother of my father and one other family friend. I want you know about it that what are chances in this case??

Advocate Priyam Sinha answered
You are in a very strong situation. If the will is registered then no other person can claim so. But if he does then you can contest your case on the basis of your will and you also have to get it proved by the two witnesses of the will in the court.