Advocate Hari Wadhwana

Questions Answered by Advocate Hari Wadhwana

Q: Aunt died without making Will what procedure to apply for certificate

One of my related aunt died without making any will....She was unmarried and now the only successor she has is her mother and married sister....can any one please tell me under which act i can apply for succession certificate...she was hindu...we need to transfer all her property on her mothers name?

Advocate Hari Wadhwana answered
Hello sir/ madam,You will have to apply for a sucession certificate to the court having testamentary jurisdiction, for eg- Bombay High Court.You will have to make a petition (with the help of lawyer) to the court stating the person who has expired and their heirs. Also property details have to be mentioned which are intended to be transferred.The process can take as long as 3-6 months.

Q: Is Statutory notice given for each case filed against me

Is it necessary to provide notice in all cases? When the order passed is illegal, is statutory notice mandatory? I read that it isn't in a case but am unable to locate it. Please help

Advocate Hari Wadhwana answered
Only in case of a suit/ appeal against government require statutory notice. Kindly refer to Section 80 of the Civil procedure code.In all the other cases, no notice is required to be given for filing a suit.

Q: Token Money forfeited by seller for purchase of flat

I have givn token amount to an agent via cheque (in the name of owner) for a flat in mumbai. Owner is in UAE. I cancelled the deal within 3 days of giving token money by intimating over watsapp chat. However no MOU/contract was signed for same regarding payment schedule or recieving of token money..I am asking for the refund for the same after deducting some reasonable amount..Owner refuesed to pay any amount back as deal was cancelled by me.(buyer ) side hence no refund was applicable.. 

Advocate Hari Wadhwana answered
Dear Sir/ Madam,As stated by you, if there is no MOU/ Contract/ Agreement or any other form of written document by which you gave the money, then in that case any relief from the Court is really difficult.However, if you can show from your whatsapp chat that the agent accepted payment of token money then there can be a case made out.Kindly contact me with further details on it.

Q: What is the procedure to file cheque bounce case

Respected Sir/Mam, My Concern is what can i do if Chaeque has been Bounce, & what is basic Legal Action can we take Immediate against Issuer? Also i have Information If cheque will be bounce we will complaint at same branch of bank against cheque issuer is it Fact? please Help..

Advocate Hari Wadhwana answered
Dear Sir/ Madam,Firstly, you will have to send the issuer of cheque demand notice for the cheque amount within 30 days of cheque bounced.Secondly, if the issuer of cheque fails to pay the cheque amount within 15 days of the above demand notice, then a complaint must be made to the Magistrate/ Metropolitan magistrate within 30 days of above non payment.Issue regarding where the complaint will be filed- The complaint has to be filed to the Magistrate/ Metropolitan Magistrate within the jurisdiction where your bank falls. Kindly note that time is the essence to file a case for Cheque Bouncing under Section 138 of the Negotiable Instrument Act, 1881. Hence do not delay the process.Before filing a case, demand notice and waiting period of 15 days is must.I hope the same resolves your query.