Advocate Vijay Belavadi

Questions Answered by Advocate Vijay Belavadi

Q: Is Deed of Declaration required to register society ?

we have registered through societies act of our apartment association. Do we still need to go for deed of declaration for property to make sure our apartment is fully ours? there are contrasting opinions on this. one lawyer says it is required but other say that not required. which is more legal? we have undivided share of land and common area.

Advocate Vijay Belavadi answered
Deed of Declaration is registered by the Builder, which consists of description of the land on which the building is constructed, and the total no. of apartments, including the common areas. A deed of declaration is a mandatory document, which the Builder will execute.

Q: Understanding the Risks of Cheque Bounce After Property Registration

I'm selling my property, and the buyer still owes me 6 lakh. He wants me to register the property in his name and give me a post-dated cheque. I didn't agree to this. The buyer suggests mentioning the cheque details at the time of registration, and if the cheque bounces, I can stop the registration in the sub-registrar's office. Is this safe? What are the risks of cheque bounce after property registration?

Advocate Vijay Belavadi answered
I wouldn't recommend sale and registration of sale deed when the purchaser is paying through post dated cheques.A sale deed is a document wherein the right, title, and interest, along with possession is transferred to a purchaser.You will transfer your interest without receiving your complete sale consideration, that you wouldn't be wise. Think of a scenario when the cheque gets bounced.

Q: I need to take divorce please let me know

I got married just 3 days before can I get divorce

Advocate Vijay Belavadi answered
You Need to be married for one year before you can seek for Divorce. Try to work things out for the next one year... You could also try marriage counseling. If both your efforts fail then you should consult a lawyer after the completion of 1 year.

Q: Getting possession of property

My son bought a residential site in a layout proposed to be formed by a Developer . Relying on assurance made by the Developer, full payment was made and Sale Deed executed before commencing layout formation work. Thereafter, the Developer did not take up work for over 3 years . Hence complaint for deficiency in service was submitted before the Bangalore Urban Dist Consumer Forum, In his version, Developer filed false affidavit that he has already formed the layout and handed over site as per Sale Deed. However, based on evidence and arguments submitted by us, Order has been issued by the Forum asking the Developer to take up and complete the work within 6 months. This is the latest stage of the case.But we are not hopeful especially as the Developer has many consumer/civil/criminal cases pending in different courts and may not comply with the order of the Consumer Forum. Please advise on further course of action. Will any Advocate be able to mediate and resolve ?

Advocate Vijay Belavadi answered
I am assuming that the project is not registered with RERA. If the property is still under development, the developer will need to get it registered under RERA, and only after that can he legally sell them. I would recommend that you visit the RERA Karnataka website @ https://rera.karnataka.gov.in/projectsUnderInvestigation, and check if RERA is investigating the project. If it is not, you can go to this URL https://rera.karnataka.gov.in/reportRegForm and report the unregistered project. This will help others like you from being defrauded by the developer.I wonder how a sale deed was registered when the property was still not developed, and your site could not have been identified in the first place? Having said that, as you have an order passed by the consumer forum in your favour, you stand at a better footing as against the developer. Based on your query it appears that you are looking for a settlement... are you looking to get your money back? or are you looking to get your site from him? Either way, as the developer has several cases pending against him (as you mention), it would be apt for you to take the legal route to get the order of the consumer case executed. There is a high chance that the builder might opt to settle the dispute with you during the execution petition than if you approached for settlement on your own,

Q: What to do if a bond signed and cheque given and dishonored

Hi, I have signed a bond with my company for 4 years. The bond amount is 10lakhs. Now they have filed a case for cheque bounce. Can I get some help here? Thanks, Ramya

Advocate Vijay Belavadi answered
Bond amount becomes due only if you have defaulted on the conditions of the Bond. Based on your query it appears that you are still employed with the Company, and the company has deposited the security cheque that you have given, which is clearly in violation of the terms of the Bond.However, if you have resigned from the job before the term of the Bond is complete, the merits of your case will depend on the conditions of the Bond. Since you have not specified the conditions of the Bond, it would be difficult to give an opinion.Regarding the cheque bounce case, if the company has already filed the case, you will have to appear before the Magistrate and offer your defense. Your defense will once again depend on the terms of your bond. Therefore, it is imperative that you share the conditions of the Bond before you seek an opinion.