Advocate Vikas Sangwan

Questions Answered by Advocate Vikas Sangwan

Q: Implication of living separately from husband due to domestic violence

Hi, Due to Domestic violence by my husband, I am living in my father's house from last 2 months. Two months before I called my father and My father with my 2 uncle came and took me to my father's home. I do not want to file any legal case against domestic violence right now. But my question is, whether my husband can file any legal case against me ?

Advocate Vikas Sangwan answered
Hi, you are in a tricky situation since you have suffered domestic violence still don't want to fill any case.Talk to your husband if you want to satteled down with him and sort out your issues.Yes he can fill case or divorce as well as to take you back to his home.Please feel free to contact me for further assistance.

Q: The seller is not disclosing the location of the sold property

I want to state that we have a plot of 165 sq. Yards. With the name of my mother. The plot had been purchased in 2005. We have registry document in favour of my mother. At the early time we visited many times but after two or three years means around in 2007 or 2008. We could not visit there for many years due to some circumstances. After a long time when visited my parents forget the location of the plot due to development in nearby areas In between we have done mutation against property. When we met that person who sold us that property to locate my property. He told us that he does not deal now regarding this property. He told us that regarding this property his elder brother XYZ will entertain. Then we met his elder brother XYZ. Now XYZ has been making us a fool for the last two years. He is not describing the location of our property. Now we have nothing in our hand except registry paper and mutation paper. WHAT SHOULD WE DO?

Advocate Vikas Sangwan answered
Hi you don't need to worry much about the situation since you have transferred it on your mother's name and mutation was also Don on her name. You can identify your property exact location with the help it concerned Patwari of that area.Please feel free for further assistance.

Q: Procedure for refund of booking amount and broker commission

sold property in gurgaon ,buyer credited 10 % token money in our account.Failed to arrange rest of money and terminated the contract himself and demanding full refund.with his token money we also booked a flat from his token money for which builder is charging us 10% interest.Now the broker is threatning us ,that he will not allow us to sell iit to some one elase ,alsoasking 1.5% broking amount but at the time of deal 1% was fixed,

Advocate Vikas Sangwan answered
Hi, before commenting needs to check your sales agreement which might be with you on who's basis your transaction started.Anyways Brooker can't do anything since the sale doesn't happened actually.Go to police if he threatens you, he doesn't have any legal rights to not allowed you to sell your property to some one else.Please feel free to contact for further assistance if required

Q: Builder not providing the important documents of flat purchased

I have purchased a flat in Gurgaon. Paid all the amount and registration done. Builder is not giving important documents like Approved Layout plan,Occupation certificate,completion certificate etc and saying we don't give to anyone.Pl. suggest.

Advocate Vikas Sangwan answered
Hi, if the above said property is already transferred on your name, you should not worry much about the documents you have mentioned.Just keep your documents with you like booking receipt, allotment letter, buyer seller agreement, all payments receipts and your registration papers.Please feel free for further assistance.

Q: Allotment Transfer by the builder in case of resale

I am a prospective buyer of a 'ready to move' Apartment of a renowned builder. Possession has been offered to the existing seller who has not taken possession as yet and of course, no registration has been done till date. The other condition is that the existing seller is the second owner i.e. he had also purchased the property from the first original owner a few years back when the property was under construction. Now, the seller has promised that he will request the builder for Allotment transfer in my name. Can allotment transfer take place twice? Can the builder do it as per law and can I enter into such a deal?

Advocate Vikas Sangwan answered
Ya you can get transferred it on your name irrespective of no of transfer done earlier as per law. There is no harm purchasing third time if the second owner is having all required documents with him. The builder can transfer third time as well. Just check all documents carefully n take assistance from a good lawyer.Papers need to be with the seller are:-Booking confermatio receipt-Allotment letter-Buyer seller agreement-All payments receipts Please feel free for further assistance.