Advocate Rishabh Gupta

Questions Answered by Advocate Rishabh Gupta

Q: Seller refusing to do sale deed after agreement to sale

We have purchased independent ground floor in a triple story building we did agreement in June and paid more than 10 percent amount at time of agreement and rest to be paid at time of sale deed and last date on agreement was 30 September 17. As property was not complete he started asking for money to renovate and complete left work. Then he started pressurising us for more money and then we told we will not pay until you complete work and will pay only at time of sale deed. Now 15 days to go he says give me 2 lacs more than agreement otherwise I will not do sale deed. Please advise what legal action and preparation we should do before hand only as last date we will appear in registrar's office on 29 September but still want to know what else we can do before hand to have strong case against him and his harassment.

Advocate Rishabh Gupta answered
If you are interest in said floor, you may give amount and take undertaking in writing at the back of the agreement. If you are not interested then no need to pay more. And you don't worry, the day when is your sale deed, you reach there with amount and if he does not come, make an affidavit for your presence at Sub- Registrar, where ever your sale deed is to be registered. If such person not come, then you have a legal right to sue him for specific performance.

Q: Procedure to claim compensation from builder for delayed possession

have booked flat in Amrapali centurian park Noida extension in dec 2010 and still waiting for possession after 95% of payment. builder is still not in the position of giving possession or late possession interest. construction has stopped completely. please suggest what to do and how to get my money and compensation. 

Advocate Rishabh Gupta answered
Such type of case are being referring under the RERA Act which helps the people from builder to get their possession. You can also file a complaint under Consumer Protection Act or You can also file a civil suit for recovery of said amount , if you don't want to take FLAT.

Q: Remedy available if my cheque has bounced

My friend had filed cheque bounce case of Rs 250000 and we settled it in between with court permission to repay it in 5 installments with gap of 7 months in every installments but my father expired last month and I couldn't pay him first emi due to medical expenses of my father. Now my first emi bounced ....what would happen in this case..how can court recover from me..I have no property in my name...property was in name of my father and there is loan from bank on the property. Pls suggest..

Advocate Rishabh Gupta answered
In this case, person can show his bonafide that his first installment has been due , due to such reason by filing an application.. now court has to consider whether his bonafide is genuine or not.. if you are ready to pay the installment ..