Advocate Shriya Maini

Questions Answered by Advocate Shriya Maini

Q: Cheque bounce issued to me has bounced what action can I take

I would like to ask a question in reference to a cheque that was given to me and got bounced, the person is not giving my money from last one year and i filed a police complaint also , and he gave me a cheque which he said will clear but inspite of police complaint ,he is not returning my money and i am like fed up with his daily excuses . The cheque that he gave me got bounced and i have the bounce reciept from the bank can you please advice me about the next step that i should follow.

Advocate Shriya Maini answered
Immediately send him a detailed legal notice, preferably from the letterhead of your lawyer and demand your monies back. The notice must be very specific and detailed please. The steps thereafter would require you to approach a lawyer and take recourse of the law.

Q: How to claim share in mother in laws property

My father in law had expired 4 years back leaving behind a registered will stating all the movable and immovable goes to my brother in law and we have never disputed. A house property (New Delhi) is in my mother in law name and she was expired last year intestate. When we ask for the share from mother in law, after sending legal notice, he is saying there was a will written by my mother in law before her demise (hardly 4 months). We know there is no such will and how to handle this situation. Please advise

Advocate Shriya Maini answered
You will have to challenge the will that your brother in law claims to possess in the appropriate court of law and claim your rightful share in the property. Forthwith Get in touch with a property law who does succession and inheritance!

Q: Taking care of property from last 40 years how can we claim it

We're taking care of a land from past 40 years. Now the landowner is threatening us to take back the land, He gave us without enforcement. We've no legal papers of it. The land is still barren, We took care and didn't used it in any incorrect way. Please help us to keep the land. My uncle was also the partners with the landowner.

Advocate Shriya Maini answered
I would require more information and details to answer your query. As for your possession of the land is concerned, I would require some sort of proof to show that you are managing the land for 40 years - such as any water/electricity bill/rent of property of that address in your name or any sort of documentary proof. From what you state, adverse possession is a plea that could be taken but that not so easy to prove in Court. Hence, I would have to reconfirm the applicability of adverse possession to your situation once I peruse the papers and ask you questions to develop more information on the same.

Q: How can my father distribute his self acquired property

I am a Hindu. My father has one self acquired property and one which he got from his father. My father wants to put all his property in my brothers name and compensate me with cash. I have no problems with that. Should I sign a relinquishment deed in favour of my brother? Is it possible to relinquish something which is not mine as yet? How do we go about this family arrangement??

Advocate Shriya Maini answered
For self acquired property, there is absolutely no issue and your father has full freedom to bequeath the same in favour of your brother fully. You could on the side demand cash of the value of the self acquired property he chooses to give you. In case of the ancestral property however, half of the share will devolve upon you once your father leaves for the heavenly abode. You could then relinquish your right via a deed in favour of your brother and take cash instead. Even now you can do a family settlement agreement and get it registered for the ancestral property division, but it will only come into effect once the relinquishment deed is signed and the share of the ancestral property devolves upon you after your father's bereavement.

Q: Brother in law took my jewellery how can I claim back

My brother in law take my all jewllery which i received in my marriage in 2011. My husband ask many times to give me back. He gave some jewllery on dec 2015 and promise us to return in march 2016. But he didnt return till today. Please suggest me what i do now?

Advocate Shriya Maini answered
You could file a criminal complaint alleging theft and cruelty on the part of brother in law under the IPC provided you have bills/proof of ownership of the jewellary. One must immediately infact do the needful.