Advocate Prasad Arvind Abhyankar

Questions Answered by Advocate Prasad Arvind Abhyankar

Q: Can I challenge a registered gift deed

my father died at the age of 89 on 12 /09/ 2014 . 8th days before the death of my father I come to know that a gift deed of our house was done in favour of my sister,mother,and brother. (The gift deed was done in the month of may. ) The gift deed is registered.The relation between me and my father was good. my family members took the advantages of my father's old age and i am dam sure it is done forcefully , because my mother accepted it that my father was not ready for that. my sister and brotherr are fully responsible for this,because our relations are not good.

Advocate Prasad Arvind Abhyankar answered
The gift deed can certainly be questioned in the court of law by filling a suit for such declaration. The success of the suit will depend upon the manner in which you are able to establish that the execution of the deed was not as per the wish of the deceased, was executed under misrepresentation etc. The absence of reason for the father to let out one son or unequal distribution of assets is a good ground too.

Q: Symbolic possession taken over by bank of under construction building.

Dear Sirs,I have booked a industrial gala in the year 2009. The building is still under construction and the work is stopped. Have made 91% payment to builder. In 2012 the builder has taken project funding from SBI which was not informed to us. Builder has entered into agreement with majority of the buyers. SBI has taken over Symbolic Possession and given a notice in news paper for the same. Need to know what is legal status of my gala and have can i protect my rights on same. Can SBI create charge also on galas sold before they funded the project.Please give your expert advices.

Advocate Prasad Arvind Abhyankar answered
The query sites not specifically state that the loan was taken by the builder prior to your contract. It is also not stated if the construction is mortgaged fir that loan. I proceed to respond by presuming that iloan is prior in time and that construction was mortgaged. If the bank has not notified is charge on revenue record it is at fault. If the builder suppressed this fact while offering it for sale then the builder is guilty of unfair trade practice. If you are yet to be officially informed about the banks claim then issue a notice to the builder demanding execution of sale deed. Depending upon the response the remedy will have to be chosen either before Consumer Forum or Civil Court.

Q: Became a witness to a marriage, without the knowledg of first marriage

I have signed on marriage certificate as a witness and marriage is illegal. Now, his 1st wife want to file a complain against him & me. The husband told me that he has taken divorce from his first wife. He gave me false info about his first marriage so please advice me on this matter.

Advocate Prasad Arvind Abhyankar answered
It is better that you do not admit any knowledge about first marriage anywhere. Give proper details as to what document you signed. Was it registered marriage. . Or an application for registration of a solemnised marriage. In any case it must not be marriage certificate.

Q: in laws pressuring me to get separated From my parrents

HiWith in 4 months from love marriage my wife went back to her parents and even after many requests she is nof coming back. Her parents wanted us to be separate from my family and I don't want to do so. Her family is putting pressure on her. Now its almost 4 months that she is with her parrents and I feel she is not interested in coming back. Could you please guide me what to do to eave myself and my parrents from future problems which may occur

Advocate Prasad Arvind Abhyankar answered
It would be advisable to put on record that she has left your company without justifiable reasons. And that she had been putting pressure on your to get separated from your patents fir no good reasons. Issue her a notice for restitution of conjugal rights with detailed narrative of the events. Call upon her to resume cohabitation. Ensure that the notice contains such averments as would assist you in claiming divorce if situation arises.

Q: Bank asking 2 percent charges for closure of OD facility. What to do?

We have a propriety firm. I took OD facility from bank in lieu of which i had given property papers as collateral. I have paid amount and closed the OD facility. Now they are asking for 2 percent fore closure charges to release my collateral property papers. Is this legal? What to do?

Advocate Prasad Arvind Abhyankar answered
It's absolutely illegal. All loans are advanced with agreed rates of interest and charges if any. The banks claim cannot be a penny more than the agreed sums. Give them a legal notice and upon failure file complaint before consumer forum.