Advocate Rajesh Kumar Moudgil

Questions Answered by Advocate Rajesh Kumar Moudgil

Q: Right of grandson to claim sold/unsold property of grandfather

Do I have any claimable right on the sold/unsold property of my grandfather who passed away in 1988 ?

Advocate Rajesh Kumar Moudgil answered
It depends upon the nature of property in the hands of grand father if it is ancestral than you have a right but if is self acquired than the grand father can deal it with their own way and you do not have any right in it..

Q: How to get stay order on a property from the court

How to get property stay order from court ?

Advocate Rajesh Kumar Moudgil answered
You have to move an application under order 39 rule 1and 2 of the civil procedure code in the court in whose jurisdiction the property is situated and to prove that you are having a good case on your favor.

Q: Rights of grandson over the property of grandfather in India

I am from a Hindu Family. My grandfather migrated from Pakistani India during partition of two countries, he has five properties here in Haryana, all properties are being sold by my father one by one, can I get a stay on them ?

Advocate Rajesh Kumar Moudgil answered
As the property has already sold so no question of stay arises and from your queries it seems that property is not ancestral so you do not have any right to set aside the sale deed already done by your father.

Q: Gave money to friend to invest in stock market, how to recover it back

One of my friend of previous company took an amount of Rs.60000 to invest in stock market. Now he is refusing to return that money. I transferred Rs.30000 by internet banking. Rest Rs.30000 I gave him cash. Now both of us have changed the company. He lives in Mumbai and I live in Sonipat. I sent him legal notice through a lawyer but he refused to accept that notice. Notice returned back. What can I do now.

Advocate Rajesh Kumar Moudgil answered
You can file suit for recovery of amount as you already have proof of 30 thousand in the shape of net banking and for the balance you have to prove from which source you have drawn money to give your friend.

Q: Builder asking to swap the scheme, our money is stuck, what to do

Hi I purchased a plot from a gurgaon builder in 2013 under construction linked plan.more than 50% money is home.now builder is saying there is some problem in that scheme and asking us to swap it with some other scheme.builder buyer agreement is already signed by us in 2015. Our money seems to be stuck.what should we do?

Advocate Rajesh Kumar Moudgil answered
If you want to get back your money you can get it but if you entered in agreement of another scheme than it amount to waiver of your right. For your money you can file case in consumer Court or recovery suit.