Advocate Rushil Aiya

Questions Answered by Advocate Rushil Aiya

Q: What is the legality of obtaining an NOC from the builder in case the society has not yet formed?

Hello, I would like to know the reason for the requirement of an NOC from the builder if the society has not yet formed. What if we proceed without his NOC—will he cause any trouble at the time of society formation? Also, is builder NOC required for the sale of a flat, and what is CF NOC in relation to obtaining an NOC from the builder for a resale flat? Please note that the purchase transaction will be without a home loan.

Advocate Rushil Aiya answered
Hi. The land on which the building is constructed belongs to the developer/the landowner, as the case may be. In majority of cases landowner grants the power of attorney to the developer to act on its behalf. At the time of formation of society the land is conveyed from the landowner in favour of the registered society and hence, Noc of the builder/landowner, as the case may be is necessary. As per the MOFA model agreement, the developer is required to form the society within 4 months of completion of construction, therefore as per the model agreement he is bound to give NOC. On his refusal to do so, you may proceed against him either vide a civil suit or a consumer complaint.

Q: How to sell pagdi property ?

My aunty widow without any children stays in pagdi system. She wants to sell, but landlord not allowing to sell. Now bldg in dilapidated condition. Landlord not contributing in repairs. Bldg people got a contractor, broke one side wall of my aunt's house, now realized that even flooring is weak. And tenants were told that entire bldg needs repairs. So, work is just left there. Mhada ready to contribute only some part n remaining to be given by tenants. My aunty was not for repairs as she cannot afford. Now what can be done? Her wall is broken, and she cannot stay. Pls advise, further course of action.

Advocate Rushil Aiya answered
Hiii, As per Maharashtra Rent Control Act, the duty to keep the tenanted premises in good condition is on the Landlord/Owner. As per S.79 of the MHADA Act, the duty to repair/reconstruct the dilapidated MHADA Building is on MHADA. So, all the Tenants needs to form an association and approach MHADA under Chapter VIIIA for repairs or you need to approach the State Government for reconstruction. You can also seek directions against the Landlord for repairs in Small Causes Court.

Q: College forcing students to pay the fees

I am an Engineering students whose fees is 1,36,000 for the academic year 2020-21 and the college is forcing to pay 50% of the fees by August 15, 2020. But for a student like me who belong to middle class family paying 50% of the fees during the covid situation is still difficult as we face difficulties for our basic need over these past months. I talked to the college stating my difficulties but still they want me to pay the 50% of the fees before the deadline. So what are the correct ways that I can act legally regarding the issue?

Advocate Rushil Aiya answered
Please consult a lawyer immediately and file a writ petition in the High Court having jurisdiction and provide documents and evidence to show how paying 50% fees would create hardships to you and your family.

Q: i want to file PIL against personal law

i want to file PIL againest government, my argument point is in india every Citizen have only Citizenship and this one is only Indian citizenship. there are not different Citizenship for Hindu or muslim or there are no different citizenship with respect to state. if one Citizenship then why there are parallel more then one personal law for Indian law, old goverment is made this law for vote bank raajneeti. if there are gap in indian law then goverment should take care to make law properly. my suggestion is One Citizenship one law. if personal law will remain continue then this thing will prove that our indian law is weak and useless for indian public so and there are gap or no provision for citizen's issue.

Advocate Rushil Aiya answered
You cannot file such a PIL as every religion has a right to follow its own personal law as long as such personal laws are not against the Constitution of India. If you are facing issues relating to any personal laws of religion you are professing then you may challenge such personal law, but you as a citizen have no right to interfere in personal laws followed by other religions. If they are aggrieved by any actions under their personal laws, they may be able to challenge. I am sorry there is no PIL for your grievance.

Q: Will I be liable for fathers debts

I have found out My father has personal loans through banks and Relatives to extent of 25Lacs and above. All loans are on his sole name and I'm no coapplicant/Guarantor. What i want to know is that will I be liable for fathers debts ,can creditors attach my salary /Bank account's/ assets even though I'm not a party to the loan . Please guide me what should I do .Should i really worry.Regards Raj Katara

Advocate Rushil Aiya answered
Hi Raj, you are not liable for your father's debts unless you are a co-applicant or a guarantor. The Bank does have a right to recover your father's loans from your father's estate i.e. properties and accounts that are his self acquired properties. If you have transferred your father's assets in your name based on inheritance and succession, the banks are entitled to attach such assets.This answer is based on the queries raised and is not a legal advice. The legal advice or course of action may differ based on the documents or evidence available.