Advocate Augustine Chatterjee

Questions Answered by Advocate Augustine Chatterjee

Q: Want to disown sister from self acquired property what procedure

Sister turned 18 in January. Now the girl ran away and married with a boy who is 24 years old. When we spoke to the girl she said she is happy in her married life and now don't want anything. But we are afraid that the boy married the girl just because of property. Now father of the girl wants to bedakhal sister from the self acquired property. What are the steps we need to take?

Advocate Augustine Chatterjee answered
The appropriate proecdure would be to have the disowning notified in a newspaper under the letter head of an advocate. There is a set and standard format which is to be used and published. It is alwys best to have it published in one english and one hindi newspaper which is widely circulated

Q: Cheque bounced because of insufficient funds how much to recover?

2 chqs for 16000/- issued to me have bounced citing insufficient balance as the reason. i understand the procedure is legal notice with in 30 days of bouncing & move Court if no response in 15 days. My question : What is the maximum money that I can claim on whatever grounds i.e. 300%-400% etc. & can I insist on 6 months jail for the guy not wanting to settle & make serve imprisonment for the damage to my reputation with my banker. Please enlighten & guide.

Advocate Augustine Chatterjee answered
The maximum amount that can be claimed by you is up to twice the cheque amount. Therefore in case he is convicted, he can be directed to pay you twice the amount which the cheque was amounting to.The sentence which he shall be imprisoned to shall stand to be a maximum of two years . However the exact period of sentence shall be decided after a separate argument is heard with respect to the quantum of the sentence.

Q: Daughter's right after supreme court judgement

My Grandfather had a self acquired property. He died on may 2002. He left behind 2 sons and 2 daughters. The Supreme Court had passed a judgement recently stating that Daughters right in fathers property is prospective and not retrospective. Whether this Judgement is applicable in ourcase and whether only two brothers are eligible to apply for sucession and inheritance of both movable and immovable property of the deceased.

Advocate Augustine Chatterjee answered
The said judgement is not applicable in your case as the same is pertaining to a dispute wrt self acquired property . The Supreme Court judgements discussed the right of a woman over ancestral property and not over self acquired property . Therefore the daughters need to file a partition suit to assert , claim and obtain their right over the suit property .

Q: Giving an amount to friend and he give a cheque without date

giving an amount to the friend and he give me a cheque without dated. but right now he deny for money so what should i do to recover my money

Advocate Augustine Chatterjee answered
You should enter the date in the cheque and present it for encashment. Even if he proves that the date was entered with your handwriting, the same shall not benefit him in any way as per the recent Supreme Court Judgement. Thereafter if the cheque is returned (bounced), then it is mandatory to serve him a legal notice through a lawyer within 30 days. If he does not respond/ return your money within 15 days of receipt of the said notice, then you have 30 days to file a criminal complaint against him.The time frame is important and has to be conferred to punctually.Present the cheque asap after entering the date.

Q: What is the value of GPA made before 2011 and meaning of limitation

What is the value of GPA made before 2011,i.e. around 1950? If the GPA is not registered, and some other person made a Registry on the same plot, after 2011, i.e. a sort for fraud, what can we do? And what is the word 'limitation' stands for, in the context of, land as a property at various stages.?

Advocate Augustine Chatterjee answered
A gpa transaction made prior to 2011 in Delhi is held to be a valid transfer or title . Registration is not mandatory . If a person has created two different chains with respect to the same property and sold it twice , he shall be held guilty of cheating .As such limitation is a concept of law and hence has no application with respect to the transfer of property . Once property has been transferred , the sale is declared to be complete and binding .