Advocate Amrit Pal Gambhir Singh

Questions Answered by Advocate Amrit Pal Gambhir Singh

Q: Sister in law filed a false attempt to rape case how can I defend

sister-in-law filed a false complaint against brother-in-law of attempt to rape, In my joint family three brothers, elder brother married in 2011. Now His wife want their division from the property but my father denied (Property is in the name of my father). So with the intention to get the division from the property she filed the "attempt to rape" case on both brother in laws (Devar). Please put some valid solution with proper procedure to be follow now to defend the case.

Advocate Amrit Pal Gambhir Singh answered
Such cases are on the rise. It also appears to be one of such cases to put undue pressure and coerce the family into property division.Still I need more and detailed facts from you to formulate proper defense.For that purpose, a one-to-one meeting shall be most appropriate.

Q: I am in possession but shop buyer agreement not executed by builder

I purchased a shop from builder & paid its full payment The builder gave me a letter stating that possession of the shop was given to me on 01.12.1977 & is owned by me The shop buyer agreement which was to be executed in builders standard form was not executed I am in possession Kindly give its answer keeping also in view Delhi apartment act 1986 section 4(2)

Advocate Amrit Pal Gambhir Singh answered
What is your query ? Are you facing any difficulty from any person? Your question appears to be incomplete - you have not mentioned as to what do you want to know.This appears to be a very old issue of the year 1977. Have you suffered any prejudice?

Q: Widow sold property to me but her children are not giving NOC

3 years ago I purchased a plot of 55Sq.yard from a Widow lady, property was registered with the name of his deceased husband, so while selling the property to me all the documents (registry, sale deed etc.)were signed by her.I was totally unaware about the fact that she couldn't sign the documents. I came to know about this fact when I am selling this property to other person. I request you to kindly let me know the correct way to sort out this problem as her children are not ready to sign NOC. What type of legal action I can take against the lady.

Advocate Amrit Pal Gambhir Singh answered
Please elaborate and give more details. Whether her deceased husband left any Will (registered or unregistered)? Where is the property situated? Who gave you the actual physical possession and how? Any construction raised thereon, then or now? Did any of her children sign as a confirming party or as a witness? How much was the sale consideration? How did you pay - by cash or cheque / DD or both? Whether there was a Broker involved?

Q: Got government allotted house and gave on rent now tenant threatening

Brother is in Delhi government services. He was allotted a flat in which parents were living with him. Due to some reason brother had to move out for a month. Thereafter our parents gave a room on rent to a known person. Now that known person is not vacating the premises and threatening to file a complaint against us. What can i do?

Advocate Amrit Pal Gambhir Singh answered
As per the Govt. Service Rules, no Govt. Employee can give the Govt. allotted accommodation to any other person on rent etc. Obviously, it is the Govt., who is the owner of the premises and not the employee. Any breach will attract legal consequences.Well, you may bring relevant papers to see if any lawful solution can be found.

Q: Sisters family not returning the property on which loan is due

Dear Experts, my brother had mortgage the property to the bank since he has to study abroad in the year 1997 or 98, but due to financial inability to pay the dues on time 2005 ,bank has advised my mother and my sister since they are living on the property from past almost 30 years ,some should merge there assets in our property and they will make the fresh case ,only on paper property been transferred on my elder sisters name while she was alive died 2 months back, the complete EMI and rest loan paid by my brother ,now by sisters family is not returning the property please urgently help

Advocate Amrit Pal Gambhir Singh answered
Facts as stated are too brief to understand the problem let alone to give any legal opinion. Please come up with more details. Will need a meeting to advise proper solution.Also, please get all the relevant documents relating to the property and ownership.