Advocate Pratap Kumar

Questions Answered by Advocate Pratap Kumar

Q: GRAND FATHER DIED WITHOUT A WILL

Hello Sir ,My Grandfather died on 1980 without a will , he has 3 son and 2 illiterate daughter .After the death of my Grand father , within 2 year , my grandfather wife and his 3 sons sold the entire plot within 2 years after his death without 2 daughter's consent.Now I am son of one of his daughter , What can I do now, my mom(his daughter) is still alive .Please help me, they cheated my illiterate mom

Advocate Pratap Kumar answered
HiYou must try to get certified copy of the sale deed in which the sale has happened an file a case against the present buyer and include your grand mother and 3 uncles and pray to the court for declaration that u r mother was also owner of the property by virtue of being one of the legal hiers of u r grandfather and set aside the sale and mesne profits.Pratap, Advocate

Q: REJECTION OF MOTOR INSURANCE CLAIM BY GENERAL INSURANCE COMPANY

I purchased a car from Mr.Govind at Ahmedabad on 14/1/19. I submitted documents in RTO Ahmedabad on 16/1/19 for transferring ownership of car in my name. All documents containing RC book and other transfer forms got misplaced in RTO. So, ownership was in the name of previous owner in RTO Records. Previous owner renewed Insurance Policy for 1 year on 18/12/18, valid up to 17/12/19. Custody of car was handed over to me on 14/1/19. On 17/2/19 car met with an accident. On 17/2/19 car ownership was in name of previous owner and insu. policy also was in name of previous owner. But due to unavailability of RC Book and other documents of previous owner I was unable to lodge the claim. After intensive search, on found of documents at RTO at 27/2/19 they immediately changed ownership in my name. I have the ownership report of RTO of 19/2/19. I lodged claim on 11/3/19, but they rejected my claim without stating any reasons and without providing rejection letter.Am I eligible to get claim?

Advocate Pratap Kumar answered
HiIt looks that u got u r insurance transferred to your name on 19/2/19 but the accident has taken place on 17/2/19, this could be the reason for rejection of your claim. If your insurance was processed on 17/2, there could have been high possibility of u getting the claim amount.Pratap, Advocate

Q: I gave a cheque to my friend and he bounced 3 times and sent a notice

in the year one of my friend has approached me for applying H1 to usa, but unfortunately who ever we paid didnt process and he didnt retrun the money as well. He has took a guarentee cheque from me and now he bounced the cheque 3 time and filing a case and arrest warrant on me. Require help

Advocate Pratap Kumar answered
Hiyou have to now defend u r case by goin to the court and get a bail and furnish surety and thereafter take a defense that u r not liable to pay as you have not taken the money and there is no legal liability cast upon u to return the money as u HV not taken the money at all.Pratap, Advocate

Q: I want a copy Of arrest Warrant Issued

A person cheated me with a cheque bounce and I filed a case. He is from a different state. An arrest warrant is sent the police of his jurisdiction to arrest him. But the police does not seem to take any action. Can I get a copy of the arrest warrant from my lawyer, issued to the police against the accused.

Advocate Pratap Kumar answered
HiYou have to take an order from the Judge for hand warrant and pay nominal process fees in the concerned pending branch of the court and take the warrant to the jurisdiction court where the accused resides and take the police and arrest the accused

Q: Procedure and guidelines for filing of suit

I Have filed a compliant against builder in consumer court,and filing of affidavit is completed.The opposite party has also filed written argument.Is it necessary for me to file Written argument?what if i dont file written argument? regards

Advocate Pratap Kumar answered
Dear Querist,Filing written arguments is always good because it is on record, when u argue orally there is a probability that the Judge can forget some points this is because the arguments take place on one day the Judgment may be posted after 2 or 3 weeks. Even if the judge misses some points he can refer the written arguments and observe that in the judgment.Pratap