Advocate Ranjit Singh Thakur

Questions Answered by Advocate Ranjit Singh Thakur

Q: How to recover money from real estate developer

I have made an agreement to buy a plot from a real estate developer in 2015 before LP generated. I have made 25% payment at that time. Later they told me to pay an additional 25% as they got LP number and ready to register. I paid for them. After that, they said my plot was in mortgage and asked me to wait for a couple of months. Now its been more than 3 years and yet no sign of the release of mortgage plot. I have asked to refund the total amount paid in Aug 2018. They said they will do in a week. Since then they are not paying me. What shall I do?

Advocate Ranjit Singh Thakur answered
You can file a consumer complaint to recover your amount paid to the real estate developer as consumer disputes are speedly disposed and with lesser cost of litigation. The civil dispute is time consuming and costlier compared to consumer. You can file consumer complaint for deficiency in service by the Real estate developer and also claim compensation for mental agony and for loss of appreciation in market value.

Q: Is it legal to buy plot which was registered in the name of a minor

I am planning to buy open plot, current owners of the property have bought this property from their relative who purchased it in the name of his Minor son. Current owners didn't get any permission from the court for this transfer. They have purchased the plot and got it registered in their name. My question is If I buy this plot now, can the minor challenge this sale deed once he becomes Major? Is there any other way how I can purchase this property without facing any other issues in future from Minor?

Advocate Ranjit Singh Thakur answered
Minor is not competent to contract, if the property stands in the me of minor and if his/ her guardians are selling the property in the name of minor to any third parties then prior permission of court to sell minor property is must. In your case the transfer in the name of current owners is itself is void as no permission is granted by the court for such transfer. The minor can claim such property in future. It is better that you should avoid purchasing of such property.

Q: Neighbour not letting to do construction even after giving NOC

My neighbor constructed his building without any setbacks 10 years before and now when I started my construction he his stopping me to construct and giving complaints to GHMC. What should I do ? My neighbor is an Advocate amd he his misusing that power ... 10 years back he gave me NOC that he will not object but now he is threatening me ... plzz share any legal advice against that person .

Advocate Ranjit Singh Thakur answered
It is important that you should have a valid building construction permission from Greater Hyderabad Municipal Corporation. If you are making construction as per the sanction plan/ building permission your neighbour cannot object for it. In such case you should approach court of law for relief.

Q: How to get full right on a disputed property after settlement

My father has 20 acres of farm land which was came from my grand father who was expired. My father has 4 sisters. These 4 sisters filed a petion in the court stating that they have right in the 20 acres property as that was a ancestral property and court issued orders in favourable to them stating that 20 acres divided in to 5 parts and each own 01 part. Now we have made a out of court settlement after the judgement and they (4sisters) are willing to withdraw the consent from the these 20 acres property. What is procedure to be followed to get the full rights back on the property?

Advocate Ranjit Singh Thakur answered
The procedure is make your father's sister to sign relinquishment deed relinquishing their share of property out of the total extent of 20 acres. Get the relinquishment deed registered before the concerned sub registrar office and file the same before the court.

Q: Neighbour claiming that the parking slot assigned to me is his slot.

Hello Sir, I bought an apartment in 2011. And I gave it for rent till now. My tenants are not having a car and never used the car parking so far. It is vacant until now. I moved to my own flat recently and wanted to use the parking slot. But when I checked my neighbour wiped of the number what was there and wrote his number and using the parking from very long time. When I enquired I came to know that he did it long back and telling everyone that builder assigned this parking to him, not to me. At this moment I don't have any parking. And even to complain about it to someone there is no registered body in my apartment. Request you to provide some guidance on how to take it forward and get my parking back. Thanks in advance for your time and help.

Advocate Ranjit Singh Thakur answered
The allotment of said parking slot might have reflected in the Sale Deed of your apartment. You may issue legal notice to your neighbour demanding him to vacate your parking slot. If he fails to do so then you need to approach the court of law filing a suit for recovery of possession of your parking slot