Advocate Janender Mahajan

Questions Answered by Advocate Janender Mahajan

Q: How to get refund of advance money from property seller

 I was purchasing a property for consideration of 7.50 lacs. So i have paid advance money of Rs.55k through cheque. But later on various issues come with property so i declined to seller to purchase property and demanded my advance money to refund due to following reasons: 1. There is passing high tension wire over the roof of property at the height of 7-8 feet. At the time of showing property the seller had said that there is no current in the wire and someone can catch the wire with hand but taking advance money he is now saying to stay carefully. 2. The property is on genreal power of attorney through multiple chain and further the person to whom name property is registered can not identified. 3. As per supreme court order no one can purchase or sell property through power of attorney. can it be ground for getting my advance money back .What legal action can I take?

Advocate Janender Mahajan answered
1. The refund or forfeiture of earnest money is governed by the sale agreement executed between the seller and prospective buyer. If the agreement mandates forfeiture the seller can forfeit it, but if it does not then the buyer is entitled to the refund of it in entirety.2. In your case as the reason of cancellation is the refusal of seller to take money through cheque, it follows that there is no unwillingness on your part to honour the agreement to sell. As a corollary thereto, you have the right to have the complete refund. Serve him a lawyer's notice to honour the agreement.

Q: Name change of Child in CBSE School Admission Register

My son admission record (Admission form & Admission Register) in the school has incorrect name of his mother, with one alphabet missing. The admission took place 3 years ago. Now at the time of Class 9th CBSE form filling, the school is not agreeing to change the name as they said that the admission details are already shared with CBSE & they are not allowed to make changes. The only option they said is to get a permission from CBSE or to get re-admission with all the charges & dues again. But every year at begining if each class, school asks us to fill new form for School ID card & my son school ID is showing the correct name of his mother. What to do in this case - is the school right or is it just an excuse to extract money from us? What are the other options that I might have?? Kindly help in this regard...

Advocate Janender Mahajan answered
Correction in name to the extent of correction in spelling errors,factual typographical errors in the Candidate’s name / Surname,Father’s name / Mother’s name or Guardian’s name to make itconsistent with what is given in the school record or list ofcandidates (LOC) submitted by the school may be made.Application for correction in name of Candidate/Father’s/Mother’s/Guardian’s name will be considered only within one year ofthe date of declaration of result provided the application of thecandidate is forwarded by the Head of Institution with thefollowing attested documents:i.True Copy of Admission form(s) filled in by the parents at thetime of admission duly attested by the Head of the concernedinstitutionii.True Copy of the School Leaving Certificate of the previousschool submitted by the parents of the candidate at the time ofadmission duly attested by the Head of the concerned institution.iii.True copy of the portion of the page of admission andwithdrawal register of the school where the entry has been made inrespect of the candidate, duly attested by the Head of the concernedinstitution.

Q: What is the legal recourse against forceful cancellation of marriage

We both are hindu. But due to intercast marriage my father in law forcibly cancelled my marriage registration with sign of my wife .How can I save my marriage

Advocate Janender Mahajan answered
Dear Sir,A valid legal marriage certificate can only be annulled by divorce. The person wanting divorce should prove the grounds for divorce as stipulated in the Hindu Marriage Act. if such situation arises in defense you may state that your wife is being pressurized by her parents and relatives to give false evidence against you and it would be better pursue your suit for Restitution of conjugal rights, in that very situation.

Q: Recovery of money for the professional services already provided

i am an interior designer.taken a consultancy project of client big brother we had taken a project on consultancy basis in which my role is to provides drawing.monitary items and coordination between client and vendor.my fees is 28 thousnd Payment mode is set by the client side both the parties are agree. Materials samples are cheque by the client before project is started. On last stage is whn the work is completed client id deny to take our calls and messages and saying he will not pay balance 1.75 lacks of the vendor and 28 th of my consultancy.saying he had cross check the material and measurement for third vendor which is not in the entire scene from the day one. we are saying to give proof of ur statement bt he deny to do so. we had a valid proof of ever stage.ie vendor company bills to client ,Rtgs done by client side to vendor rtgs telephonic recordings is vendor is asking me for payment. i dt want my fees now bt what is the legal advisable solution for vendor

Advocate Janender Mahajan answered
Dear Sir, You are firstly require to sent a legal notice to the person who is denying you the payment, whereby you will have to club your fee as well as the amount due to the vendor, and thereby calling upon him to make the payment within stipulated time period; secondly after expiration of the period mentioned in the legal notice, summary suit for recovery is require to be instituted.

Q: what is salary criteria of patents covered under OBC

My father is director in private limited company and is having a salary income of 5.5 lakhs and income from other source 3.5 lakhs. My mother is class 2 government employee with annual salary of 7 lakhs. Please advise me whether i come under obc ncl or not

Advocate Janender Mahajan answered
If your annual family (Definition of family-father, mother & minor children below 18 years) income (excluding government salary and agricultural income) is more that Rs. 4.50 lakhs in all the last three years every yera, you are creamy layer. It means that if this annual income is less then Rs. 4.50 lakhs for any one of the three years you are a non-creamy layer. You can check here for non-creamy layer.2. Is your father/mother is central gov. officer?For Central or State Government officers- If(i) parents, either of whom is a direct Class I officer or(ii) parents, both of whom are direct Class II officers or(iii) parents of whom only the father is a direct Class II officer and he gets into Class I at the age of 40 or earlierthen the children are creamy layer.Note: Income from salary and agricultural land shall not be clubbed in annual income.3. Do you stay with your parent’s? (Yes or No : Both does not matter and NCL is purly based on your parent’s income)4. Are you a married women? My husband’s income will be considered or parents?The creamy layer status of a candidate is determinded on the basis f the status of his parents and not on the basis of his own status or income or on the basis of status of income of his/her spouseTherefore while dtermining the creamylayer status of a person, the status or the income of the candidate himself or of his/her spouse shall not be taken into accountThe creamy layer status of a candidate is determinded on the basis f the status of his parents and not on the basis of his own status or income or on the basis of status of income of his/her spouseTherefore the status or the income of the candidate himself or of his/her spouse shall not be taken into account.5. My father has agricultural income, will it be considered for NCL?Income of the parents from the salaries and from the other sources[Other than salaries and agricultural land] is determinded seperately.if either of the income exceeds the limit of Rs. 4.5 lakh per annum for a period of three consecutive years, the son and daughters of such persons shall be treated to all in a creamy layer.6. My family has earning brother/sister, then will i get NCL?For whole life of a candidate, creamy layer status is determined by parent‟s (father, mother) status and never by status of self, husband, spouse or brother/ sister.Status or income of a “candidate” availing or applying for OBC reservation is never counted for creamy layer purpose.7. I am earning and my salary in more than 4.5lkh PA will I get NCL for myself?No. Creamy layer status of a candidate is determined on the basis ofthe status of his parents and NOT on the basis of his own status or incomeorNOT based on the income of his/her spouse.Therefore, while determining the creamy layer status of a person, the income of the candidate himself or of his/her spouse shall not be taken into account.8. My father is a class 2 officer having salary above 4.5 lacs. Am I eligible for noncreamy layer certificate?Please refer to answer #2. If parents of whom only the father is a direct Class II employee then the candidate shall not be treated as creamy layer & will be eligible for OBC reservation irrespective of any salary income.But before considering this, candidate should clarify this with local authority too.9. Will the sons and daughters of parent(s) who retire from the service (central GOVT,.,PSU,UN,or any office) on the basis of which their sons and daughters fall in creamy layer, continue to fall in creamy layer after retirement of the parent(s)?And Their pension is above RS. 4.5 PA .