Advocate Sudarshan Desai

Questions Answered by Advocate Sudarshan Desai (400+ answers)

Q: Litigation not disclosed in MAHARERA

I have been allotted & registered a flat of 2.5 BHK of RERA area 888.62 sqft against my commercial shop in a redevelopement project, my flat is in Sale wing, The project is under Regulation DCR 33(7). THERE IS AN ONGOING Litigation against the Develepor since 2019 in City Civil Court The Develepors have not discosed it in MahaRera Site, what should I do. what is my Parking Status

Advocate Sudarshan Desai answered
You will have to initiate proceedings against the Promoter for non disclosure of prior litigation and misleading you thereby coercing you into investing into the said property. Ask for a refund or interest if there is a delay in completion owing to the said reason.

Q: Property fraud: Undivided share sold via false heir affidavit

I am an NRI , My deceased mother's property devolved equally upon three legal heirs. Two co-heirs mutated the revenue records by submitting a false self-declaration affidavit suppressing my existence. They subsequently sold the entire property to a third party without my consent. That third party has started tear down of property. Seeking legal recourse to cancel the sale deed, obtain partition, and initiate criminal fraud action.

Advocate Sudarshan Desai answered
You wil have expedite the process of applying for a Stay on the demolition, sale and creating third party interest in the land follow by cancelling of the sale deed, declaration and partition of the property all based on suppression of facts and forgery of documents.

Q: Will creation cost and process?

I need to create will but I am oci holder so do I need to physically present.? And what will be the cost and process.

Advocate Sudarshan Desai answered
The Will can be drafted and Executed both in india and abroad to have maximum efficiency and minimum complications in future. It is always advisable to include different properties in the Wills to avoid confusion.

Q: One-time settlement/alimony, court/mutual

Married for 12 years, my salary 45000/month. No personal property or loan. No child. Separated since past 4 years. Wife unemployed, less qualified, no house residence. Two questions:1) How much maximum one-time settlement or alimony amount can "court" ask to give if court decides?2) If in mediation, what amount can I offer if 40 lakhs is demand?

Advocate Sudarshan Desai answered
One time settlement is something that you and your spouse need to decide mutually. It could range from 10L to 20L depending on the way the negotiation goes. Post that you can apply for mutual divorce. If you go for a contested divorce, you may be required to pay 1/3rd of your salary as maintenance till she remarries.

Q: Execution of MSME Award granted by MSME Mumbai in Ahmedabad.

Dear Sir, I am supplier based in Mumbai. I had supplied goods to party in Ahmedabad. Party declined to pay my amt apprx 2.00 lacs. I approached MSME Court. There were several online Hearings but buyer didn't attend any. Then we applied for Arbitration and there were 2 Hearings where buyer didn't attend. MSME Council then passed Award granting principal amount with Interest as per MSME Act 2006(Amended 2023). Now I have to file Execution Proceedings in Ahmedabad Court. What is the procedure.

Advocate Sudarshan Desai answered
Execution is filed under section 36 of the arbitration and consideration act. Has to be filed where the judgement debtor holds property or sites in the normal course or carries out business. Once it is filed, there will be an attachment, order of property belonging to the judgement debtor. Kindly contact us for enabling this.