General FAQ's
There is no specific answer to this question, but, when you feel that a dispute has escalated beyond your reasonable ability to find an amicable solution, you should certainly consult a lawyer. Sooner works better because even when the dispute has gone beyond your scope of the resolution, an expert might still be in a position to mediate and save the parties from an essential waste of time and money in litigation.
Like medical matters, legal matters are not to be delayed. The biggest loss people suffer in their legal disputes, arise out of their inability to take the right step at the right time. Taking expert professional help from a good lawyer can help you strengthen your case, provide a correct perspective, and give a rightful approach towards securing your interest.
Don’t sleep over your legal issues. Act promptly. Choose your lawyer wisely.
A legal heir certificate is different from a succession certificate, a succession certificate is generally issued by the civil court and there are separate procedures to obtain the same. Major differences between these two certificates are listed below:
Legal heir certificate usage is limited to certain matters such as claiming employee benefits of the deceased, insurance claims, property registration etc.
A legal heir certificate is not conclusive proof under the law of succession in India.
With respect to the settlement of any property which is disputed or under court litigation, a succession certificate is vital.
A legal notice, must adhere to the laws and regulations laid down by statutes. Laws regulating notice are of procedural nature, therefore, require more vigilance and care while drafting a notice. Ignorance of the law is no excuse and thus a legal notice should be drafted by expert civil litigation advocates carefully.
The possession letter format differs from State to State. Possession letter is the letter denoting ownership rights issued by the builder in favour of the buyer. Buyer has the right to receive such certificate, failure on part of the builder to deliver the certificate, gives buyer the right to lodge a complaint. To ensure that your possessory rights are protected, you can consult the expert regional RERA lawyer and get your possession letter drafted.
RERA stands to the rescue of home aggrieved buyers and provides a remedy to file case and receive the property or compensation in case of delay in possession of property.
To initiate proceedings before the adjudicating officer for compensation under RERA, the complainant needs to file an application stating certain minimum particulars. A good property advocate in area can draft and file a complaint with the RERA Authority.
The format of the form with which the application needs to be filed may vary from state to state as per the different rules of every state. Hence application must be made in the prescribed format and must contain particulars similar to those required in the application to the RERA authority.
The minimum required particulars can be summarized as-
- The particulars of the applicant and the respondent.
- The RERA registration number and address of the project.
- A concise statement of facts and grounds of the claim.
- The reliefs and interim reliefs, if any, sought.
The builder has to apply as per RERA to obtain the building completion certificate or commencement certificate. The local civil bodies or Municipal authorities grant these certificates to the builder. However, if the builder fails to do the same the final home buyer must apply themselves.
- If you are applying individually through expert RERA lawyers, you may have to submit documents along with the application form;
- Building Commencement Certificate.
- Copy of Building Completion Certificate.
- Latest Property Tax receipt
- Copies of No Objection Certificates (NOC) of pollution board or Airport authority etc.
