Yes, you can definitely file claims during insolvency proceedings; however, recovery may depend on the availability of assets.
FAQ Category: Services
Is interest on the refund mandatory?
Yes, in most cases, RERA Authorities or courts will expect interest to be included with the refund request.
Can NRIs claim a full refund if a project is delayed?
If the delay is more than the time specified in the contract, then yes, NRIs can request a refund under RERA and Consumer laws.
What is the average time for RERA dispute resolution?
6–12 months, depending on the state authority.
Can NRIs file a case without coming to India?
Yes, via a registered Power of Attorney.
How can co-owners avoid disputes?
Yes, by drafting a comprehensive co-ownership agreement (covering shares, usage, finances), maintaining clear documentation (deeds, mutation records, expense logs), and using tiered dispute resolution starting with mediation, then notices, and finally partition suits or injunctions enforced via civil courts.
Can the property be partitioned between joint owners?
Yes, joint property can be partitioned:
- Partition Deed: The owners can create a deed for partitioning the property into separate shares.
- Court Order: If the owners are unable to agree on partition, any co-owner can file a partition suit in court to divide the property.
Can joint property ownership in India lead to legal disputes?
Yes, legal disputes may arise if:
- Co-owners disagree on the use, sale, or partition of the property.
- One co-owner refuses to contribute to maintenance or property taxes.
- A joint property owner in India wants to sell their share, but other people disagree.
- In such cases, legal action can be taken to resolve disputes or seek partition.
What is a partition suit?
Under the Partition Act any co-owner can file a suit to divide the property. Courts may order physical partition, sale with proportional distribution, or a combination approach.