Forum Replies Created
-
Posts
-
BHi, lawyer here based in Delhi.
Since the service was availed for a commercial purpose, such as promoting a business rather than for personal use, the consumer court is unlikely to have jurisdiction. The appropriate course would be to proceed through the regular civil and criminal legal channels.
From what you have described, there appears to be a clear case of misrepresentation and deception. You are within your rights to seek compensation through a civil suit for the losses suffered, including harm to your brand and lost business opportunities. At the same time, the conduct of the agency may amount to criminal wrongdoing. The recorded confession and the evidence of fake transactions suggest a pattern of dishonest conduct that warrants a criminal complaint as well.
It is advisable to begin by sending a legal notice to the agency. This helps lay the groundwork and sometimes leads to a quicker resolution.
BTo get a stay order, your uncle needs to establish that there is a serious prima facie case (for e.g., the LOA was obtained by suppressing a will or through fraud). He will also need to show that there will be irreparable harm to him if the LOA remains in force and the balance of convenience favours staying the LOA. A vague suspicion of a hidden will is not enough. If he files such an application, your lawyer will get a chance to oppose it.BYour rent agreement with the original landlord (the father) continues to be valid even after the ownership of the property is transferred to the son. Under Section 109 of the Transfer of Property Act, when a lessor transfers ownership, the transferee (the son) is bound by the existing lease unless there’s an agreement to the contrary. Since the son is okay with continuing the agreement, and you are still in possession, there is no immediate legal need to execute a new agreement until the current one expires.For your passport verification, you do not need to bring this up. If at all it comes up, you can submit a simple NOC from the son and father explaining the ownership transfer and continued tenancy.
BFrom what you describe, it seems your uncle’s lawyer may be trying to keep you on edge rather than pursuing a strong legal claim. If your mother received only a case number via SMS, I suggest your lawyer look it up on the court website or e-filing portal to access the full details and verify whether you are actually named as respondents.>Even with a caveat, can any of my uncles somehow put the LOA and consequently any transaction on hold?
A caveat only ensures that you are given notice before any court order is passed in the case. It does not by itself prevent proceedings, but it prevents ex parte orders (i.e., orders passed without hearing your side). If your uncles file any application to stay or suspend the LOA, your lawyer will be notified, and you will have a chance to contest it before any decision is made.
>Can it affect any transaction that has already been done through the LOA?
If your uncle seeks and gets a stay order from the court, then yes, it may temporarily affect the ability to transact based on the LOA. However, without a stay or injunction, the LOA remains valid and transactions based on it are legally sound.
Transactions already completed under a valid LOA are generally protected. Unless a court finds that the LOA was fraudulently obtained, which requires very strong evidence. It is unlikely that prior transactions will be reversed.
>How long could the procedure go for before the transaction is released again?
Unfortunately, this varies and there is no definite answer; it depends on the proceedings and the court.
BLawyer here, based in Delhi. It really depends on how strong and legally valid the lease in your name is. If it is properly executed and registered, and you are the official lessee for 100 years, then your rights under the lease will usually take priority. In that case, even if the land is mentioned in the will, your father cannot override a valid lease by simply bequeathing the land to others.On the other hand, if the lease is informal, unregistered, or not legally enforceable, then your siblings can challenge it after your father’s death, especially if the will says the land is to be divided equally.
Also, since it is ancestral land, there may be additional complications depending on how it came to your father. Your siblings could claim a share by birth if the property is considered ancestral under Hindu law.
Bottom line: your lease gives you a potential advantage, but its legal strength is everything. You should get it reviewed to make sure it actually protects your rights, especially if you invested money into building on the land.
BLOA can only be revoked under Section 263 of the Indian Succession Act, 1925, and that too under very specific circumstances:* If it was obtained by fraud or suppression of material facts (like hiding a will)
* If it was obtained by misrepresentation
* If there is a later-discovered valid will that changes the successionBHi, lawyer here based in Delhi.Are you private respondents in the writ petition? Filing a writ petition solely to obtain a certified copy of the LOA is an unusual approach. Such documents are typically part of the public record and can be accessed by applying to the probate court through the proper channel. Using a writ petition as a pressure tactic is unlikely to succeed unless a serious procedural irregularity is alleged. Your legal counsel can respond accordingly.
If you anticipate repeated court proceedings from your uncles, your mother or you can file a caveat in the relevant court. This ensures that you are notified before any order is passed in their favour behind your back.
You are right to be concerned. Legal disputes, even when baseless, can lead to procedural delays in property mutation, sale, or partition. However, once the LOA has been granted and remains neither stayed nor revoked, it holds legal authority. If any transaction is being held up by government authorities because of your uncle’s challenge, your lawyer can submit certified court copies and request appropriate directions to move forward.
BLawyer here, based in Delhi. You would need to file a civil suit for recovery of money, supported by whatever evidence you have such as voice recordings, witness testimony, and ideally any financial trail if available. Even oral agreements are enforceable under Indian law if they can be proved.If your father gave the money as a loan or investment with an expectation of repayment, and your uncle is now refusing despite having assets, the law is on your side. We can also explore criminal options such as cheating or criminal breach of trust if the facts support it, especially if there was deceit involved from the beginning.
BHi, I have questions:* Did you receive proper GST invoices from Oyo (with their GSTIN and tax amount)?
* Did you actually pay the GST amount to Oyo?
* Did the input credit reflect in your GSTR-2A at that time?
* Were the returns filed properly, and was the input credit claimed in good faith, based on documentation available at the time?
* Have you retained relevant invoices and payment records?If the answers to the above are yes, you should not pay and should ask the auditor for a formal explanation of their objections. Thereafter respond accordingly. If needed, appeal the order, or challenge it before the High Court.
If the responses to the above are broadly no, it is better to try and settle.
BThat would depend on the zone in which your building is located.
https://gdaghaziabad.in/wp-content/uploads/2025/03/PIOAPIO-Officer-List-as-on-07-03-2025.pdfBYou should take multiple steps in parallel to build pressure on the builder:1. Start by checking if you have an Agreement to Sell. If you do, and the builder is refusing or delaying registration, you can file a civil suit for specific performance to compel them to complete the sale.
2. At the same time, file a complaint before UP-RERA. Registration is part of the builder’s statutory obligation once possession is given, and the Real Estate Act allows you to seek redress for such delays.
3. You should also approach the Consumer Forum. The delay amounts to deficiency in service and can be challenged separately under consumer protection law.
4. File an RTI with the Ghaziabad Development Authority to check if there are pending dues or clearance issues that are preventing registration. This helps you independently verify the builder’s claims.If other flat owners are in the same situation, move together. A group effort across these forums can increase the pressure and lead to quicker resolution.
Lawyer here, based in Delhi. Feel free to message me.
BThe UP Tenancy Act, 2021 applies, since it covers all urban tenancies with written agreements. However, because the lease was not registered with the Rent Authority, there may be issues with enforceability. The ₹5 lakh penalty clause is unlikely to be upheld. Courts generally do not enforce excessive penalties and will instead award reasonable compensation based on market rent.
