Advocate Rajan Patel

Questions Answered by Advocate Rajan Patel

Q: Construction in common plot which is connect to common wall

Hello,We have common wall with another society which has common plot with that wall.Now they are bulding kitchen in their common plot but by that common wall there is my house, they are saying that they will build 6-7 feet wall which cover my house almost.What to do to stop this activity?Is that any govt. documentation required to build that kitchen to their common plot that i can ask?How much minimum distance that they should leave from wall to construct?Thank you in advance

Advocate Rajan Patel answered
if they are doing any illegal construction then complaint to the statutory body and simultaneously file a suit for immediate interim in Junction from this Civil Court.... for Constructions related by laws you need to contact some civil engineer and it will be applicable relevant bilaws of particular area

Q: Non payment / deposit of TDS by buyer

We - I and my sister sold a property. She is an NRI. The buyer retained the TDS on her portion of consideration amount and did not deposit with tax department. Repeated reminders were give to him but he refused. She did claim it and now it is an outstanding tax demand in her case. How can we ensure the buyer to deposit TDS?

Advocate Rajan Patel answered
because of non payment of TDS it may be considered as an agreement or sale deed without consideration. non payment of TDS is also breach of contract or breach of promise. on this basis also you can file a suit for cancellation of particular did as well as revert your physical possession.

Q: Residing in a flat that is in Brother's Name

Hello, I have an elder brother and we used to stay together along with my parents till 2007. After I married in 2007, my brother left this flat and went to stay at another place. My parents shifted to another place as well. Now, since past 15 years, I stay in this flat along with my wife, kids. This flat is in my brother's name. Since past couple of years, the relationship between us has deteriorated. Can he compel me legally to be removed from this flat? All the electricity bills, municipal taxes etc are paid by me since 15 years and I have the proofs too. Can he force me to vacate and what are my legal options? Can I get the name transferred to myself by way of adverse possession?

Advocate Rajan Patel answered
you should need to file a suit for protection of your possession in the Civil Court. so that by an inappropriate manner your position may not be part with. the documentary evidences like payment receipt for electricity bill and Municipal bill will be helpful to you in the evidences in support of your suit. However, the payment receipt are not sufficient to prove that you are in the position. you need to obtain some more document to prove that you are in the possession.