Advocate Sriraj Menon

Questions Answered by Advocate Sriraj Menon

Q: Delay in possession of flat what can I do

Possession was promised in 2014, now delayed by 2 years. Recently, besides the last but one CLP demand, there was an addl-demand towards [email protected]/- psqft, which infuriated us, as such demand when there is no WORD about possession. Is there a leagl point in going against them legal abt Fire-fighting charge at this stage, or any other VALID stand that we cud go against builder? If yes, what are such stand, and how much will you charge our association ( not yet rgd!) as fee? Can u file a case for us in Consumer court for delay in possession and other charges ?

Advocate Sriraj Menon answered
Dear Sir,You can certainly file a case in the Consumer Court on this ground itself. Whilst making the case, the appropriate prayer which calls for the whole amount with interest should be put in the complaint. If, there are correspondence exchanged between you and the builder, wherein you have requested for possession and the builder has failed to reply or negated the request then the same can also be exhibited in the complaint. Regards,Sriraj Menon

Q: Can a will be probated after 10 years

Can a registered will be probated after 10 yrs...wat is the procedure

Advocate Sriraj Menon answered
Dear Sir,There is no time limit for filing of probate. Probate can be filed under Section 222 or 276 of the Indian Succession Act, 1925 in the Testamentary Jurisdiction of the High Court where the person has deceased.Regards,Advocate Sriraj Menon

Q: Paid 20% of the amount of flat but construction not started yet

Paid 20% of flat cost to builders for project in 2012. But their papers were not clean so work has not started till now. From past 2 years have been following up with him for refund bt he is making fool with some or other reasons. In December 2015, loged complaint against partners, got cheque but that got bounced for payment in Feb 2016, sent notice but no reply. Recently we customers went in group to his house to talk bt he came to hit us, again lodged complaint against partners. Now we call them for payment bt filing case against us. Suggestions??

Advocate Sriraj Menon answered
Dear Sir, The available legal options for you are as under:-1) If there is an agreement and/or any MOU executed between you and the builder move Hon'ble High Court and claim damages and/or specific performance depending on what agreement you have. As the details are not elaborated i am giving you a rough idea;2) File a case under Section 138 of the Negotiable Instruments Act depending on what date the notice has been issued; and3) If there is a valid agreement you can go ahead and also file a consumer case before the Hon'ble Consumer Forum.Regards,Sriraj Menon

Q: In how days can i appeal against order of charity comissioner

In how many days i can appeal / challenge the order of charity commissioner. form the date of order i have received judgement copy after 40 days from that. guide me on that.

Advocate Sriraj Menon answered
Sir/madam,You can file appeal before the Maharashtra Revenue Tribunal within 60 days from the date you have received the Order copy.While computing the received stamp on the Order copy will be used for calculation.Regards,Sriraj

Q: Can managing committee cancel resolution without consent of members

A resolution passed in SGM by members of housing society, Is it possible that Managing Committee can cancel the same in their Managing Committee meeting without consents of members of society?

Advocate Sriraj Menon answered
Sir/ Madam,Once any resolution is passed in a Special General Meeting or in an Annual General Meeting, any such resolution so passed cannot under any circumstances be cancelled and/or even modified before 6 months of its passing or expiring. The Managing Committee cannot cancel the same and such a resolution stays in force until and unless the same is set aside by Co-operative Court.Regards,Sriraj Menon