Advocate Shriya Mehta

Questions Answered by Advocate Shriya Mehta

Q: Require sincere advocate to file Maharera appeal delay of one year

Respected Sir / Madam,Looking for advocate to file Maharera appeal there is a delay of approx.14 months looking for sincere advocate the matter is about fraudulent approvals irregularities in approvals Commencement Certificates, Occupancy Certificates, delay in possession, structural defects - no adequate resolution in Maharera complaint hence filing appeal

Advocate Shriya Mehta answered
For proper advice, we would first need to go through the order passed by MahaRERA and the pleadings filed by you before the Authority. The delay can be condoned only if there are genuine and sufficient reasons for the delay, supported by appropriate proof, and if the delay was not due to a conscious or deliberate decision on your part.

Q: delay in issuance of NOC for more than 6 months

i bought a flat and all my documentation/process and necessary dues had been cleared in the month of february and i had since been requesting the society to give me the noc. Its been six months and they said that they can only issue it after a (AGM/SGM) meeting. now the meeting is not being scheduled and it keeps getting delayed and they are not issuing it to me without the meeting and ive been told that the meeting is is going to be held "this month/next month". is there a clause in my favor?

Advocate Shriya Mehta answered
Yes, there may be a remedy. If all your documentation and formalities have been completed, the society cannot keep delaying the NOC indefinitely merely because the AGM/SGM has not been scheduled. The exact position, however, depends on the society’s resolution and the purpose of the NOC. You can issue a written request asking them to either issue the NOC or specify the bye-law/provision requiring the meeting. Is it NOC or share certificate or transfer ?

Q: I want to gift my flat area about 220 sq feet to my elder son

How much stamp duty and registration fees i have to pay, is it suitable to gift him 50% of my flat?

Advocate Shriya Mehta answered
Yes, you can gift 50% of your share in the property to your son. The stamp duty is minimal Rs. 200 and the registration charges would be approximately 5,000–6,000. However, the exact charges can vary depending on where the property is situated. In Mumbai, the stamp duty is Rs 200.

Q: Section 11 petition for appointing arbitrator in Bombay high court

I want to file petition under section 11. Can you let me know the charges?

Advocate Shriya Mehta answered
The charges for a Section 11 petition depend on the matter at hand, including the nature of the dispute, the amount involved, the complexity of the case, and the extent of drafting and hearings involved. If you share the brief, I can review it and quote the fees accordingly.

Q: Tenant Not vacating flat after Notice infact threatening me

My Tenant who has irregularities in Paying rent having 22 month Agreement where 11 Months is Lock in Period Now the 11 Months are Over now I want myself to stay I have Send Her Third time One month Notice , (also one cheque is bounced )to vacate the Flat , now she is saying She will Not vacate and threatens to send me a notice , If I force her to vacant the Flat , she says whenever She wants to empty ..Now In this Case How do i get her Out of my House which is the most early resolution

Advocate Shriya Mehta answered
If the 11-month lock-in period has expired, the next step depends on the terms of the 22-month leave and licence agreement and the applicable termination clause. Since the tenant has already been served multiple notices and there has also been a cheque dishonour, you should avoid forcibly evicting her or taking possession yourself, as that may create legal complications. A formal termination/vacating notice should be issued in accordance with the agreement and Maharashtra Rent control Act. If she still fails to vacate, appropriate eviction proceedings can be initiated before the competent authority/court. The quickest lawful remedy will depend on whether this is a registered leave and licence agreement and the exact termination and possession clauses.