Advocate Lata Lochav

Questions Answered by Advocate Lata Lochav

Q: Mother transferring property to daughter

Father is deceased. Mother would like to transfer the property in her daughter's name. Mother would like it done while she is still alive. No other siblings.

Advocate Lata Lochav answered
There is no bar on such transfer. In such cases, where no other sibling, and only daighters, then even property of mother's will devolve upon the daughter, being her legal heir. So she can do it in her life time, or after her death her daughter will acquire the property via inheritance.

Q: Suing competitor who has petrol pump within 300 metre of brick factory

Hi, my competitor has a petrol pump and within 300 meters there are brick factories which are highly inflammable. If that is illegal i want to raise a case against him. Also i need lawyer for the same if this is illegal.

Advocate Lata Lochav answered
As such you both have right to livlihood in India, and you can have means. So no law can prohobit him to do business. However if you can prove that he came much later in this business at that place to affact your business, and this is against regulations for having petrolpump in your place. And petrolpump is a bitter requirement of that area, and brick production may be done somewhere else and many other points to establish that your rights are better than his and you need protection and compensation also. Then you can file an injunction suit in Court of law.

Q: About selling of a immovable property on power of attorney

Dear Sir/Madam, I reside in West delhi with my mother in a home measuring 100 sq yards in an unauthorized colony . The plot is in the name of my mother by power of attorney. We want to sell the property and move to another place. Please let me know how the money transaction should be done in the process. One more thing the name of my mother in power of attorney is incorrect, please tell me how to get that corrected. Regards

Advocate Lata Lochav answered
The best way is that suits both the parties. But for saving yourself from tax liabilities on sale and purchase of immovable, you atleast make the sale deed atleast of circle rate, so that you may safeguard yourself if your case comes under scrutiny.

Q: What does admission / denial of documents means in legal parlance

What does admission/denial of documents means in legal parlance in a case where preliminary objections raised by opposite party is rejected and the matter is listed for admission/denail of documents. Who will file documents for admission or denail ( petitioner or the OP) and what documents ?

Advocate Lata Lochav answered
Usually in Delhi district forum there is no such process, though this is a routine practice in civil courts. In Delhi, they evidence is by wayof affidavit. And if a party wants to cross the other, then by way of questionare, which will be answered on affidavit. No appearance of witness in person required. May I know which State you are talking about.

Q: how can I get my share and my own parental property legally

sir I resides in delhi and have my own shop here.I am 4brother my first elder brother is no more after that I want to sell some agriculture land for my daughter marriage but rest two brothers put one of local gunda there and taken it illegally ...earlier I already gave him alot of amount as his daughter marriage or land maintenance or family expenses..now I want to suit file against of it..kindly guide me under which law I should file mu case.my brothers stopped to sell property for my daughter's marriage and want share in my delhi property.

Advocate Lata Lochav answered
In respect of your agriculture land the suit for partion will directly be filed in revenue courts. And in respect of other than agriculture property the suit for partion is to be filed by you in civil courts.