Advocate Ravindra Tribhuvan

Questions Answered by Advocate Ravindra Tribhuvan

Q: Conveyance & mutation of land bought in 2003

Agri land was bought in 2003 from a developer who had a POA from the sellers. Conveyance was not done due many reasons. Continuous possession is there for 17 yrs. Electricity connection since 2007 & gas connection for appx 5 yrs. Advise how to proceed to get the title transferred

Advocate Ravindra Tribhuvan answered
Dear Client,first need to understand the all title transaction in picture and the it will be easy to comment in the same hence it is request to you kindly give details about the all transactions and documents executed between the parties

Q: Refund of booking amount of flat

HiI had paid an amount of 11lakhs as initial payment for an under construction property developed, marketed by X builder in 2019The project was a JV between builder X and land owner YReceipt for the same was given on joint letter head of X and YI have not done registration of the property yetSince two years X and Y are now in disagreement due to which no construction has been doneNow I want to cancel my booking and get a complete refund of booking amount, TDS deposited by me and gst.X has refused to pay the amount stating the escrow account is in Y name and that they cannot refund any amount till completion of date mentioned in RERAAnd that if refund is still needed we need to fight with Y for the sameX is offering to transfer the entire 11L in their other projects. But these projects are not in my budgetIn RERA project is registered under Y nameKindly suggest if:1. I can approach RERA for resolution2. Is X liable to pay me my money even if Y is now not cooperating

Advocate Ravindra Tribhuvan answered
Dear Client,as X & Y bother are promoter hence both are equally responsible for the default done by anyone promoter. Hence there is no question of non responsible for the same. On the otherside you are free to launch complaint against promoter and ask for amount paid to them.

Q: Procedure for NRI to gift House Property to sibling residing in India

Hello,Is it possible for NRI to gift house property (situated in India) to his/her sibling (residing in India) without coming to India? What's the process of the same if possible? If not what's the normal procedure for such property gifting?Thanks in advance.

Advocate Ravindra Tribhuvan answered
Dear client,there is simple procedure to gift property to sibling without coming to india. NRI person need to execute special power of attorney for gifting this property in any other person name or to his sibling then certified the same POA from the ambassy of his country. after that by POA that person can gift that property to his sibling without any hassel.

Q: Not getting share in ancestral land

My grandfather has 3 sons and 3 daughters. My grandfather has some piece of land which he bought when he was young. Now my grandfather and father both died. As per the law, now I am the shareholder for my grandfather's land, but my uncle and aunts are not willing to give me my share. It's not like they denying to give me my share but they also not voluntarily interested in giving me the share. Please give me some suggestions about what would I do in this type of situation.

Advocate Ravindra Tribhuvan answered
Hi,firstly have you talk with them for the same. If no then go for the filing an separation suit and ask for your share in property.take a stay submit the saty copy at concern department for prohibiting them to disposed property without your information.

Q: Flat cancaletion charges or cancellation right

I had booked flat in 2014 but that was delayed by builder & in 2018 he had completed his work that I have not money but as now he his charging m stamp duty , brokerage charges & m vat from my advance

Advocate Ravindra Tribhuvan answered
Hi,if there is delay in possession of property by developer then he has to returns all the stamp duty and registration charges.As per your query you are not interested in possession of property.on the ground of delay you can ask for refund of stampduty and registration charges.