Advocate Sanjay Kumar

Questions Answered by Advocate Sanjay Kumar

Q: Execution of judgement against builder issued from Uttar Pradesh

Hi, I had booked under construction flat (total cost 54Lacs) in Indirapuram, Ghaziabad and also file case in state consumer court. Judgement is passed in my favor with 10% refund within 3 months, after then 18%. My question is builder can challenge it and where? What can I preplan for if builder planning for challenge and not in mood of returning fund?What is the procedure for execution and how much time it will take?Should I approach to NCLT with other buyers as in group?Please suggest !Thanks.

Advocate Sanjay Kumar answered
the builder can file an appeal within one month from the date of order before National Commission against the order passed by the State commission. you can file a caveat petition before National Commission to avoid any exparte order. for execution of order you can file a execution petition before state commission under section 25 of the consumer protection act and the state commission shall transfer the matter to civil court for execution and can also issue recovery certificate to the collector who shall recover the amount as an arear of land revenue. further you can file contempt application under section 27 of the act .you need not to approach NCLT.

Q: Fraud on Power of attorney sold land without information

I gave power of attorney to a person for take care of my land and handle some matters in 2012. Today i came to know that he has made registery of the land in favor of his wife in 2013 in the basis POA.I haven't given him POA for sale. He did a fraud with me.What is the limitation of this? It has been 7 years but came to know about this today only, what action should i take and how should i proceed with this?Thanks in advance.

Advocate Sanjay Kumar answered
you should immediately lodge a police complaint and also file a suit for cancellation of P. O. A. and also the sale Deed executed by that person. the limitation for civil suit is three years from the date of knowledge of fraud .

Q: matter of Property & assets after husband death / suicide

Religion: Hinduone of my best friend marriage was just 4 months ago & he commit suicide now because of Bride side continuous interference & her father's warning of lodge of false Dowry case and mental & physical harassment case against his whole family & demanding a 15 Lacs. he discussed this issue with me several time but i didn't understood the seriousness. but i finally realize that his wife was really not a good women. in his suicide note he mention how much his father in law torture him a lot. he also claimed that he don't want to share joint land property with his wife & give all rights to his brother. all property where he lives was on the name of his mother also don't want to give a single penny to her from his own & fathers property & also from ancestral property. His main concerned was that after his death bride side will not trouble his old parents as both are suffering from paralysis & asthama condition. & his brother & sisters.To what extent she can go with law.

Advocate Sanjay Kumar answered
she has no right in any of the properties as law prescribes that the person responsible for the death of a person, is not entitled for any right of succession. further she cannot file any case against the parents of your friend.

Q: Eviction Case Filed On Tenant Running In Trial Court Got Compromised

Sir, I need solution from you all experts i have filed eviction Case against my tenant the case ran for 3yrs & finally got compromised in National Lok adalat on FEB 8TH 2020 as per terms of tenant that tenant will leave within 3months From the Date of decree (Lok adalat compromised decree on FEBUARY 8TH 2020) which gets end on June 2nd agreeing to pay rent arrears by month by month but not yet received also got certified copy of court judgements I have few questions please answer all the questions 1 since the tenant affix his signature stating he will clear rent arrears & rent for present stay has not paid how can I get all these amount 2 since nation is under carona crisis & lock down if situation continues till June can the tenant give this reason & say unable to vacate & ask for more time 3 so if he buys more time where he has to put petition as already trial court has passed decree according to compromise petition also no appeal for Lok adalat or he has to go without fail

Advocate Sanjay Kumar answered
1. you can file excution petition before the court who has passed the decree for recovery of arrears of rent and rent for current stay.2. the tenant can do so with your consent only. otherwise he is bound by the terms of compromise.3. he neednot to file any fresh petition for extention of vacation period. it will be extended by mutual consent.

Q: Can I get court's order in my favor in the following case.

I recently appeared for a govt job exam in Delhi which is conducted by Delhi based board DSSSB. DSSSB Provided Answer key of the examination few days later where Answers Chosen by candidates were not provided. They also gave 3 days time to challenge Answer of any question if the candidate feel that the Answer marked correct by the board is not appropriate. I had not challanged any question as I didn't remember my chosen answer. Now they have released final answer key which when I thoroughly analysed I found 2/3 questions having multiple Answers correct. In such case of discrepancy of questions board Ignores such questions and marks are adjusted as per the rule of board. But in my case these questions have not been ignored as Perhaps No body had challenged those questions including me. In a notice released during final answer key declaration they have said that they would not entertain any request for ignoring the question now. Can I move to court for this? Chances of order in my favor?

Advocate Sanjay Kumar answered
yah case bada kamzor hai Kyunki aap principle of estoppel se Ruke hue hain aur aap ab question ko challenge nahin kar sakte Kyunki aapane Apna chance Khud Kho Diya Hai. ab aap purane kam ko challenge nahin kar sakte .