Advice can be given to you only after going through the legal notice served upon you. So come to my office with the legal notice. For taking appointment, [deleted] (nine eight two zero eight nine seven eight eight four.)
I m from Sai shakti co-op. hsg. soct. Goregaon east, Soct. registered in 1985. Total area land of jeejibhy beramjee. transfer to ciba co. Mr. Madhusudan vakharia purchase from ciba co. and madhusudan and M/s. Arunkumar & associates developed building now After 30 years Mr. Madhusudan vakharia send legal notice to M/s. Arunkumar co. and Sai shakti soct. as recovery of development charges 15,73,000 with 9% interest from 1985. How we fight against Mr. Madhusudan Vakharia. pls. suggest. whatever charges for same i m ready to pay.
Advice can be given to you only after going through the legal notice served upon you. So come to my office with the legal notice. For taking appointment, [deleted] (nine eight two zero eight nine seven eight eight four.)
See the demand is itself barred from limitation , limitation for recovery of dues is three years so even if they file suit they have to explain the long delay.
10 society is not liable to pay
2) development charges if any has to be paid by builder
3) claim of Madhusudan is barred by limitation .
Hello,
First tender a reply to the legal notice, the same will be sent by M/s. Arunkumar co and not anyone else, since anny other person will not have the locus.
Also M/s. Arunkumar co. can file a caveat in the court so that no interim order is passed against them.
The case is clearly barred by the limitation.
Regards
1) As per limitations act he could not file case against Society. Society should not be involved in this matter, all matter should closed by M/s ArunKumar and Co.
1)You should reply legal notice through an advocate
2) After 30 years Mr. madhusudan Cannot claim Maintenance along with interest.
3) there is a limitation for claiming maintenance .
Will need to check the title documents for the land for a better and comprehensive advise
Superficially it seems that the claim is barred by limitation as it seeks to demand development charges from 1985
I think the society building is standing on leasehold land
Is the land conveyed to society?
Was any deemed conveyance application made to registrar for transfer of land to society?
If he has filed a suit for recovery, you enter appearance through your advocate and seek time for filing written statement.
After analysing all the facts and scrutinising the plaint, the supporting documents, after discussing the subject at length with your advocate and on the basis of the documentary evidences in your possession , you may file a written statement denying all the averments and the allegations point by point.
The case has to be fought on the basis of the practical issues which cannot be discussed in one line in public forums like this.
1. Money Claim, of any kind, of Mr. Madhusudan vakharia, after 30 years is "Time Barred" and is legally not-enforceable, in any way whatsoever.
2. On the contrary if Mr. Madhusudan vakharia was a party to the development agreement, he is liable to Convey the Plot of Land to the Society, under the provisions of MOFA.
Keep Smiling .... Hemant Agarwal