Advocate Pradeep Naik

Questions Answered by Advocate Pradeep Naik

Q: Importance of unregistred notary gift deed and it's evidence use

I have notary gift deed between blood relation it is not registred sir what is its importance sir can I use it in evidance in court Sir can doner gift property second time which is alredy gifted by unregistred gift deed

Advocate Pradeep Naik answered
Assuming that the question is about immovable property, the gift deed had to be registered to pass a valid title. However the unregistered gift deed can be used in evidence to prove a collateral transaction not required by law to be registered, or it can be used by the donee to support his possession. As the previous unregistered gift deed did not pass a valid title to the donee, it can be gifted for the second time, but it will depend upon certain factors, such as who is in the possession of property and for how long?

Q: Criminal case u/s 420,467,468,471,and 120 B

I had been arrested on the memo of 27 statement by main accused u/s 420,467,468,471,and 120 B. While trial ,main accused denied his above statement ,witnesses have hostiled. I O has given statement regarding Seizing articles that not related with the case .No circumstantial evidence .In final statement what I have to do ?

Advocate Pradeep Naik answered
As you are the accused in the case, you have no need to be give your statement as a witness. In the last formal statement you may deny all the charges and prosecution story against you. Your statements will be taken under s. 313 CrPC in the form of questionnaire.

Q: How to get compensation for the land government acquired from me

Part of shop in biyabani was demolished by muncipal corporation to widen the road, but they did not give any compensation for it

Advocate Pradeep Naik answered
If your construction was illegal then you are not entitled to any compensation otherwise you may claim compensation according to the law. Have they given any personal notice or public notice in local newspaper?

Q: INHERITANCE DISTRIBUTION Queries

My father expired on 16th Sep 2020 due to sepsis after an operation in Bhopal. He did not leave a will. He has properties and FDs in Bhopal and Inherited properties in a village in Uttar Pradesh. He left behind 5 children (4 daughters + 1 son) and a wife. My brother's family and my mother lived with him in a house also owned by my father in Bhopal. I have following questions:1. Who has the authority to sell his properties? What will be the process to sell his properties?2. What can be done about his bank accounts and FDs? He did not leave a nominee's name in any of those.3. Can my brother sell it without the sisters' presence/approval?4. Does my mother have the authority to sign the sisters' share to the brother?5. Is there any work-around/ loophole that my brother can use to take over the sisters' shares?6. What is the process/documents a sister needs to go through to let go of her share?

Advocate Pradeep Naik answered
1. To sell your father's property, all of you (brother, sisters and mother) should assent to it. It cannot be sold by any single member or by some of them.2. For Bank account and FDs you (all or any one heir with the assent of others) should get succession certificate from court for that. But each heir shall be equally entitled to the money.3. No, the brother can't legally sell it without the consent of all.4. Your mother don't have such authority.5. No, the brother can't legally do so.6. The sister has to execute a relinquishment deed and get it registered.

Q: IS HAND WRITTEN WILL IN ROMAN HINDI ACCEPTABLE

1. Can i write my WILL in roman hindi and will it be valid without registration. 2. Can i make my WILL for parental (khandani) property ie, agricultural land.3. I have only one son and he is in govt job away from us. He is neither keeping any contact with us nor answers our phone. Instead he has blocked our phone numbers. He comes on leave to his father in law's house as our bahu (his wife) is staying there only. She don't want to come with us. My son has not come to us since last 4 years. Can i debar him from parental property? I am hindu by religion and my age is 58 years retired from Govt job.

Advocate Pradeep Naik answered
Registration of will is not necessary but it should have to adult witnesses. Handwritten will is valid. But you can not make a will of the ancestral/khandani property. You can make will only of your self acquired property.