Advocate Rakesh Misar

Questions Answered by Advocate Rakesh Misar

Q: Cancel Lease Agreement for land

Hello , My father made lease aggreemet to put petrol pump on land , now I want to cancel this agreement. please guide me for procedure.

Advocate Rakesh Misar answered
Dear Querist,Any cancellation of a document would be as per the terms and conditions of such agreement. You have not mentioned why you want to cancel, whether the lesee has violated any terms and conditions. If there is any violation then you can terminate the contract and claim possession. And if not the lessee doesnt give possession then file suit in court.

Q: Need legal hire certificate from court

My uncle expired 4 months ago what is the procedure to mention his wife as legal hire's of my deceased uncle from court please advice

Advocate Rakesh Misar answered
Dear Querist,You need to file a heirship certificate in concerned court where your uncle was last residing at the time of his death.Apart from his wife if there are any son /daughter then there consent would be required.Regards,Rakesh V. MisarKachwala Misar & CoAdvocates & SolicitorsMumbai.

Q: Builder refused to refundbooking amount

Hello sir/madam,...we have paid 9% booking amount to builder in Jan-2019. So far no sales agreement is done neither registration. Now our financial condition is very bad and unstable. We had requested builder to refund booking amount but builder refused to pay saying booking amount will be forfeited against cancellation. Pls suggest..

Advocate Rakesh Misar answered
Dear Querist,Please check the allotment letter whether it mentions any possession date, if that date is passed you are entitle to withdraw from the project with interest on delayed possession, but if not then you will have to exit as per the terms of allotment letter.Regards,Rakesh V. MisarKachwala Misar & Co.Advocates & SolicitorsMumbai.

Q: Delay in giving Flat possession. Compensation needed.

I have booked flat in Pune on Sept 2015, as per the agreement the possession date is within 3 years which is Sept 2018, however the building work has been delayed. On RERA website, the date for completion of Phase-1 is mentioned 2025 however that includes building in Phase-1.As of today Building is ready however OC is still not received and other amenities like MSES meter, parking , cube house which were agreed are not in delivered.I want to file complaint on RERA to get adequate compensation for the delay due to which i have to go through financial difficulty of paying both Rent and Flat EMI. I understand RERA is fast track and need to deliver verdict in 60 days. I want to engage lawyer for professional experts to take this forward.

Advocate Rakesh Misar answered
Dear Querist, you can file complaint with Rera under section 18 for compensation and interest against Builder.But due to present covid19 situation rera is not able to dispose complaint within the 4 months prescribed time. In any case, you are definitely entitle for an interest for delayed possession and applicable rent, if you were staying in rental premises.Regards,Rakesh V. MisarKachwala Misar & Co.Advocates & SolicitorsMumbai.

Q: Detail of alloting a franchise its agreement and contract

Would like to know all about franchise its agreement, contract, what are the most important clauses and wether it has to be registered or notorized. What are the liability clauses

Advocate Rakesh Misar answered
Dear Querist, it will depend on the terms which are agreed between the parties. Fixed contract terms for any usual agreement or contract maybe part of it but exact terms and conditions will have to be added as per the discussion or agreement between the parties for such franchisee agreement. It is advisable to take proper legal help and advice Before entering into such transaction.RegardsRakesh V. MisarKachwala Misar and CompanyAdvocates and SolicitorsMumbai.