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Hello , My father made lease aggreemet to put petrol pump on land , now I want to cancel this agreement. please guide me for procedure.
Dear Querist,
Any cancellation of a document would be as per the terms and conditions of such agreement.
You have not mentioned why you want to cancel, whether the lesee has violated any terms and conditions. If there is any violation then you can terminate the contract and claim possession. And if not the lessee doesnt give possession then file suit in court.
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My uncle expired 4 months ago what is the procedure to mention his wife as legal hire's of my deceased uncle from court please advice
Dear Querist,
You need to file a heirship certificate in concerned court where your uncle was last residing at the time of his death.
Apart from his wife if there are any son /daughter then there consent would be required.
Regards,
Rakesh V. Misar
Kachwala Misar & Co
Advocates & Solicitors
Mumbai.
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Hello sir/madam,...we have paid 9% booking amount to builder in Jan-2019. So far no sales agreement is done neither registration. Now our financial condition is very bad and unstable. We had requested builder to refund booking amount but builder refused to pay saying booking amount will be forfeited against cancellation. Pls suggest..
Dear Querist,
Please check the allotment letter whether it mentions any possession date, if that date is passed you are entitle to withdraw from the project with interest on delayed possession, but if not then you will have to exit as per the terms of allotment letter.
Regards,
Rakesh V. Misar
Kachwala Misar & Co.
Advocates & Solicitors
Mumbai.
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I have booked flat in Pune on Sept 2015, as per the agreement the possession date is within 3 years which is Sept 2018, however the building work has been delayed. On RERA website, the date for completion of Phase-1 is mentioned 2025 however that includes building in Phase-1. As of today Building is ready however OC is still not received and other amenities like MSES meter, parking , cube house which were agreed are not in delivered. I want to file complaint on RERA to get adequate compensation for the delay due to which i have to go through financial difficulty of paying both Rent and Flat EMI. I understand RERA is fast track and need to deliver verdict in 60 days. I want to engage lawyer for professional experts to take this forward.
Dear Querist, you can file complaint with Rera under section 18 for compensation and interest against Builder.
But due to present covid19 situation rera is not able to dispose complaint within the 4 months prescribed time.
In any case, you are definitely entitle for an interest for delayed possession and applicable rent, if you were staying in rental premises.
Regards,
Rakesh V. Misar
Kachwala Misar & Co.
Advocates & Solicitors
Mumbai.
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Would like to know all about franchise its agreement, contract, what are the most important clauses and wether it has to be registered or notorized. What are the liability clauses
Dear Querist, it will depend on the terms which are agreed between the parties. Fixed contract terms for any usual agreement or contract maybe part of it but exact terms and conditions will have to be added as per the discussion or agreement between the parties for such franchisee agreement. It is advisable to take proper legal help and advice Before entering into such transaction.
Regards
Rakesh V. Misar
Kachwala Misar and Company
Advocates and Solicitors
Mumbai.
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If a parent gifts money to their child, is it mandatory to make a gift deed? Should the deed be registered or franking done? Is there a tax liability for either party?
Dear queerest gift of moveable property including cash or amount does not mandatorily require registration. But it is advisable to execute a gift deed for record and taxation purpose. The gift amount Will be taxed in the hands of.
Regards
Rakesh V.space Misar
Kachwala Misar and company
Advocates and solicitors
Mumbai
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Hello Sir/mam We have purchased under construction flat in Feb 2018. Builder mentioned possession date as Dec 2019 in sale agreement with no grace period. In Rera registration completion date is may 2021. Flat Is in pune municipal Possession in Dec 19 delayed and then he said he will give possession in next 3 month but then corona started and we are still waiting for possession. Work of building is about to complete but possession is delayed by 9 months After corona he mentioned that possession will be in Jun 20 but again that is not done. He has sent this on WhatsApp. We are staying on rent and he told possession will be there and you can give notice to owner of rental property but he failed to give possession. We have tell flat owner that we are extending it. It is very frustrating Can we file complaints in Rera for compensation and mental trauma due to delayed possession?
Dear Querist,
Absolutely yes. You can file a complaint for delayed possession in Rera. And as per provisions of Rera an interest at SBI MCLR rate plus 2% will be granted. As the possession date was dec 2019, covid 19 cannot be excuse for possession.
Regards,
Rakesh V. Misar
Kachwala Misar & Co.
Advocates & Solicitors
Mumbai.
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Sirs, 1) I am a Hindu. My father passed away few years back in Mumbai. 2) He has executed a handwritten Will duly signed and dated. I, his son and an independent friend attested it as witnesses. 3) In the will he has bequeathed all his properties, bank a/cs & FDs and other assets only to my mom. Thus, my mom is major beneficiary. 4) Only a vehicle has been bequeathed to me. 5) There is a very high probability of this will being challenged in court. 6) My query to all esteemed lawyers is whether this Will is valid by law and winnable in court? Regards,
Dear Querist,
The essentials of a proper will signed by the executor and attested by two witnesses.
It is advisable that beneficiaries should not be the witnesses in the will.
The chances on proving will varies from case to case.
Regards,
Rakesh V. Misar
Kachwala Misar & Co
Advocates & Solicitors
Mumbai
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Is it advisable to take the possession of the flat (property based in Mumbai ) before the Occupation certificate is received. What is the obligation of the builder in this regard under RERA.
Dear Querist,
What is the date of possession? It is advisable that not to accept possession without occupation certificate. If the builder is not furnishing OC then you can file a complaint before RERA.
Regards,
Rakesh V. Misar
Kachwala Misar & Co
Advocates & Solicitors
Mumbai
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no oc received, purchased property in 2014 , so can i file complaint before rera authority. is registration of society with rera compulsory for filing this complaint?
Dear Querist, whether you accepted possession?? If not what was the date of possession??
May 2016 is the deadline date. If the project was completed before this date then you can not file in RERA.
Regards
Rakesh V. Misar
Kachwala Misar & Co
Advocates & Solicitors.
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