Advocate Sunil Nandal

Questions Answered by Advocate Sunil Nandal (25+ answers)

Q: Misc. Qs re: taking possession of house from builder when sub-judice

Case filed in NCDRC in Jan 2017 for refund due to delayed possession. Possession offered in Jun 2019 while case still in court. Case still pending in court today.Builder wants to settle case out of court. Pls clarify the following:1. Can he demand Holding Charges?2. Can he demand interest on delayed payment on amount in NOP?3. RWA charges are applicable from NOP or from formation of RWA?4. Pre RERA, did the law allow builder to sell apts (with apt number) prior to Building Plan Approval?

Advocate Sunil Nandal answered
As we all are aware that Real Estate (Regulation and Development) Act, 2016 has been implemented to address the grievances of aggrieved home buyers, but many of the buyers are unaware of the rights and duties provided under the Act. In this article we will be discussing about the same.One of the most important right which is vested the home buyers is that they are entitles for the Refund and Compensation Section 18 of the Act deals with the same.The section s specifies “18 (1) If the promoter fails to complete or is unable to give possession of an apartment”The Act by the way of section 18 clarifies that the home buyers are entitles to seek refund along with interest and compensation in case the builder fails to complete the project or is unable to handover the possession of the unit.Further the Act under clause a) of section 18 “18 (1) (a) in accordance with the terms of the agreement for sale, as the case may be, duly completed by the date specified therein;”With the help of this section the home buyers can claim their refund along with compensation in the event of non-completion of project or if the builder fails to handover the possession on the time as mentioned in the agreement signed between buyer and builders

Q: 65 b form for electronic evidence

Pub prosecutor did not advise that 65 b for electronic evidence be given now case at defence evidence can it be given now

Advocate Sunil Nandal answered
Supreme Court: In a reference dealing with the interpretation of Section 65B of the Evidence Act, 1872 that deals with admissibility of electronic records, the 3-judge bench of RF Nariman, S. Ravindra Bhat and V. Ramasubramanian, JJ has held that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record, as correctly held in by the 3-judge bench in Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473, and incorrectly “clarified” by a division bench in Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801. The Court further clarified that the required certificate under Section 65B(4) is unnecessary if the original document itself is produced.The Court was hearing the reference from the July 26, 2019 order where, after quoting Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473 (a three Judge Bench decision of this Court), it was found that a Division Bench judgment in Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801 may need reconsideration by a Bench of a larger strength. The Division bench, in the Shafhi Mohammad judgment, had “clarified” that the requirement of a certificate

Q: hma 24 how to get interim maintenance

my husband filed HMA 13 divorce petition , i submitted hma 24 application and asked for traveling , advocate fee and monthly maintenance. Judge said for monthly maintenance file 125crpc petition. I heard during the divorce case proceeding in hma 24 husband has to pay interim maintenance. How to convince judge in HMA 24 also, he can order monthly maintenance at least till the end of divorce case. any judgment or law that i show to him to assign maintenance.

Advocate Sunil Nandal answered
1)Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—(i)has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or(ia)has, after the solemnisation of the marriage, treated the petitioner with cruelty; or(ib)has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or(ii)has ceased to be a Hindu by conversion to another religion; or(iii)has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Q: Want this relationship to work. Don't want divorce

We r havng disputes his family is abusing me.he abusing n disrespecting me,said me to leave d house Everyday he jst shouts gts angry on me nt allowing to b wid my kids He called my brother n told take her away she is useless destroying my house n kids. He questioned my character self respect.My family took me n his sister tuk d kids somewhere as we were in discussion.Now he has blckd my calls nt respndng to my calls nt connecting me wid my kids n sayng k who told u to leave d kids who told to go

Advocate Sunil Nandal answered
Answer: Your struggle to think clearly in this muddle is common to women who live with abusive men. I want to help clarify some important truths. First, the sin may be the same, but the consequences are not. His sin of hitting you is not just sinful, it’s illegal.Second, your husband’s rage and subsequent acts of violence toward you are not uncontrollable. He has total control and limits himself right now to certain levels of physical violence (that he feels are acceptable). His behavior is always his choice.  In addition, I’m sure he has experienced disrespect from other people in his life – his employer, a rude driver, your children, a friend, or an enemy. People sin against us all the time in many ways and sometimes we do get angry. However, that doesn’t mean we hit them. In fact, isn’t that what we teach our children NOT to do when someone takes their toy or makes them mad? We don’t hit people when we’re mad. Period!Let me ask you a question. Does your husband hit other people when he feels disrespected? What do you imagine a police officer would say if your husband used that as his excuse when he hit someone who disrespected him in traffic or at the mall?  Your husband feels entitled to hit you when he is mad and you have chosen not to initiate legal consequences that would protect you from this kind of abusive behavior.

Q: once husband withdraw divorce petition , what to do with hma 24 ?

husband filed divorce hma 13 near baout 2 year back after that i filed the 7 /11 and hma 24 application now my husband with draw his HMA 13 petition. now judge is not giving me any expense of traveling and legal expense of advocate. judge told me file a defamation petition in your state. what should i do ? judge asked me now you should also withdraw your hma 24 application

Advocate Sunil Nandal answered
(1) If any person having sufficient means neglects or refuses to maintain--(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate 1* * * as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means: