Advocate Sagar Kothari

Questions Answered by Advocate Sagar Kothari

Q: Repair of leakages from bathroom, who is responsible to get leakage repair in society flats ?

What is society bye laws for leakage from above flat? There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). I've not carried out any repairs/alterations/modifications and the leakage started automatically. who is responsible for leakage in flat above ?, the cooperative housing society or me? Awaiting your response.

Advocate Sagar Kothari answered
Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society.

Q: Property dispute cases between brothers , cheated by brother. What to do?

We had family property in name of my Father, Elder Brother and Myself. Before few months it was agreed by my elder brother that he will give me and my father certain amount towards share in property and then to transfer the property in his name. Then we transferred the property in his name. Now when my father ask him about the amount agreed he has turned back and refused to give any money. Without this money my father will have no house of his own and my brother will not allow them to stay in his house. We dont have anything in writing about the mutual agreement. how to sue your brother ?

Advocate Sagar Kothari answered
Sir, gone through your facts, this is a perfect case of criminal breach of trust and cheating. You will have to immediately lodge a police complaint if cognizance is not taken then private criminal case simultaneously you will also have to file civil suit for cancellation of so called deeds obtained by fraud and also will have to inform the revenue authority in writing stating the said facts requesting them not to register your brothers name into property extracts.In this case delay in initiating legal action is always harmful so proceed immediately.

Q: What is the procedure to take stay order from court

i have 2000 sq plot on my name i have constructed my place with cement sheet shade now i got a notice to remove it from municipal what will be the cost to take stay order and how to get stay order from court?

Advocate Sagar Kothari answered
Fees and cost can not be discussed at this stage unless and until all the documents and facts are seen . Also the cost depends upon place and lawyer, facts documents many other factor. As your facts are not clear not able to advise you properly

Q: What to do if insurance company not providing interest on delay

I booked a flat in virar Mumbai under the "life ka chance" offer in july 2016. In this life ka chance offer, ekta world through advertisements and initial sales process assured home buyers that they will be covered by a third-party insurance in case of delay of delivery (Fit-out) with a 9% P. A. Interest by the insurance company. I have already paid 82% of the flat cost 25.65 lacs. My wings fit-out date was august 2017. However there was no work done in my wing from july 2016 to august 2017. In august 2017 i was told that there is a 6 months grace period and by february 2018 if the wing is ready upto fit out then i will be eligible to get interest. In february 2018  i was told that builder has paid the premium but the insurance company which covered this interest for delay is closed. The offer advertisement is available.

Advocate Sagar Kothari answered
First of all appoint a lawyer, before that issue letter to the concerned Office raising all your greveinces . On failure, to the higher authority then also if doesn’t work then issue a legal notice. Hopefully this will solve your problem

Q: Threatening calls From bank customer

In 2013 I was working with insurance company as a insurance adviser in bana channel taking care was axis bank.. I sourced one long term policy to the customer with explaining all terms and conditions....he signed the proposal form..and policy got issued..now after so many years the customer is not able to the pay the premium and he is blaiming me for miss selling that policy to him in 2013.I left that job in 2016. Even thought am no more working with that company. Customer threatening me that he will do fir against me in police for miss selling ..and all..he is keep calling me every day for the same.. And threatening me. For making complaint in police and all...my question is do I need to worry ??? Even after selling right product ..should I need to worry ?? Even I left company in 2016 ..do I need to worry ???? Plzzz help me with proper guidance...this kind of customer are in necessary threatening to customer ...need proper advice

Advocate Sagar Kothari answered
No need to worry but for sake of precaution & safeguard your interest what you need to do is inform the local police in writing also to the said company and if possible do issue legal notice to such person hopefully this will solve your harassment problem.