Advocate Rajesh Kumar

Questions Answered by Advocate Rajesh Kumar

Q: Legal action for change of plot by TDI city

DEAR SIR , WE HAVE BOOKED A LAND IN 2006 IN TDI CITY KUNDLI , THEY HAVE ALLOTTED US THE PLOT IN K BLOCK - NUMBER 17 . I HAVE PAID THE 90 % AMOUNT . NOW IN 2018 DURING THE TIME OF REGISTRY OF PLOT, THEY ARE CHANGING MY PLOT NUMBER AND SHIFTING TO J BLOCK . I DON'T WANT TO TAKE MY PLOT IN J BLOCK . KINDLY SUGGEST ME ABOUT THE LEGAL ACTION.

Advocate Rajesh Kumar answered
You have to approach civil court by filing suit for specific performance and you may also approach consumer court if you have booked the plot for residential purpose or related to your livelihood not for commercial use.

Q: Renewal of landlord tenant agreement allowing tenant to continue.

We have commercial property (a shop) in Chandni Chowk, Delhi which was bought and registered in my mother's name in the year 2007. My mother passed away in year 2010. My father rent the property out in year 2011 and signed a registered rent agreement for a period of 5 years which expired in 2016. My father has cordial relationship with the tenant. Someone has advised him not to renew the rent agreement (on paper) and let the tenant continue to occupy the property. He has been told that the law is in favour of the landlord as such that the be property can vacated even with an agreement in place. I am not sure if this the right thing to do, especially since the property is in my mother's name who expired 7 years back. I need advise if this approach is detrimental for us and what could be the repercussions, if any.

Advocate Rajesh Kumar answered
It requires to get registered rent agreement since as per Hindu law after death of mother you and your brother shall succeed and you and your brother and sister have right in the property so for the purpose to determine the ownership it requires to execute a rent agreement and when he admit you and your brother and sister as owner he cannot denied the ownership right of your and you may get evict the property if it was properly drafted and mentioned in agreement.

Q: How to safeguard my share in property as I am not staying abroad

We are a Hindu family of 2 brothers, 1 sister and have a property in South Delhi. My father passed away in 2010. According to his will, he has given GF to me and FF to my younger brother, 2nd floor to my mother to be given to me and my brother equally after her and has instructed each of us brothers to give 2 lacs each to my sister. He has mentioned that he is not giving any part of property to my sister. I believe my brother and sister do not have good intentions and are trying to grab my share. I have been living in Australia and do not physically live in the property although I am planning to return to India soon. Is there a way to safeguard the property against unauthorised sale or modifications.

Advocate Rajesh Kumar answered
sir, you have not clarified that the Will of your late father is registered with or not. Every will is required to get probate and for this probate petition shall be filed and after getting probate your share will be determined by the court for this it requires to authorize a lawyer to contest your case or authorized any of the person who is closed to you to appoint advocate and also to file this probate petition.

Q: MCD doing illegal construction and threatening my family

Dear sir i have compalint against illegal construction to MCD, Without take any action, MCD dispose my complaint, And then illigal contruction owner is warn me again and again and he have links with local past MLA What shoud i do , My family in under presuure and scared, what should i do

Advocate Rajesh Kumar answered
you have to approach to Delhi high Court by filing writ against the MCD and made party to both MCD and other concern person. You must disclose that there is enmity between you and that person. Only High Court can take action.

Q: How to partition property when one sibling is not willing?

we are 5 brothers, our property is in Gurgaon and other 4 brothers used to live separate including me ,I lives in Delhi, I am now suffering from kidney disease i m on dialysis i need money for the sake of our and our family life for kidney transplant but our one brother is lives in that property and the one who is living in that property not ready to sell that property and even not giving me my share ,others are ready to sell that property instead of that one brother. what can we do for that can We seal that property

Advocate Rajesh Kumar answered
You may file a suit for partition if your brother is not ready for partition then you have to file suit for declaration and partition against all brothers, it is only way to get ancestral or joint property , if any share holder is not willing to partition the property.