Advocate Yashpreet Singh Saini

Questions Answered by Advocate Yashpreet Singh Saini

Q: How to reclaim ancestral property and stop father from selling it

Hi, I would like to know that the ancestral property sold by my father can be reclaimed by me or not ? Is there a way to put pressure on my father not to sell ancestral property further ? And, how can I ask a share in the ancestral property that has been sold ? My father owns ancestral property in Saharanpur(UP).

Advocate Yashpreet Singh Saini answered
In ancestral property you have a inherent Right to share along with your Father. If you want to ask your share in the property, the remedy you have is that you can file a suit for partition claiming your share in the ancestral property.If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.

Q: Biana money paid but the loan is rejected how can i recover my money

I have recently paid bayana to the seller and i need a loan to buy that property. So in bayana agreement it was mentioned that if my loan is rejected due to issue in any document i will get bayana money back . So now there is a problem and one paper is missing , seller is not able to provide that paper and now only 1 week is remaining for last date of agreement . I am sure that the seller cannot provide me the letter as he is not picking up my phone calls and property dealer is not able to arrange a meeting between us. I have been asking him for more than 10 days but no meeting yet . Can you please guide me how i can make sure i get my bayana money back . What things i can do like SMS or calls so that if i have to go via legal way. Also the seller needed some money in cash and rest in registry . In bayana only registry amount is mentioned and i paid bayana via cheque so its also mentioned . Due to demonetization i will not be able to provide amount in cash only cheque.

Advocate Yashpreet Singh Saini answered
Dear readerIn response to your query I must say that in case if you don't get your beana back ,start with legal notice and thereafter file a case of cheating before the police station and besides that you can also file a suit for recovery of your amount but for that you have to pay court fees accordingly.

Q: legal heir of brother who died without making a will

hello sir, my elder brother passed 2 yrs back. since it was natural and sudden death therefore he could not make his will or assign his legal heir. my brother divorced his wife in 2009. he was maintaining demat account and had certain policies. pl help me solving this issue as legally he don't have any dependend other than our younger brother. pl sir help me. 1 what r the documents to be needed for claiming the money. ? 2 who can be the legal nominee? 3 procedure for solving the issue. I WILL BE GRATEFULL TO U .

Advocate Yashpreet Singh Saini answered
you need to apply for the succession certificate for the movables property left behind by your deceased brother. make sure you give details of all, while applying for the succession certificate from the court.

Q: I was terminated without any notice and Salary not paid

I was terminated without any notice and my 20 days salary has not been paid. The owner of the company is delaying it and not responding to my calls . What should I do now?

Advocate Yashpreet Singh Saini answered
certainly it is the violation of the labour laws, so therefore you can file a complaint before the labour commissioner of the area where the company was operating from. you can also send a legal notice aswell to the company and demand your pending salary .

Q: Actions for compromise against the 498 A

1. Can we force other party to go for mediation process and complete the process ?2. Do we need to give response for 498a complaint file against us in CAW cell ? 3. What we should do in case if we want to take her back to our home provided she agrees that she has made false allegations against us in her 498a complaint filed in CAW cell?

Advocate Yashpreet Singh Saini answered
With regard to your first query you cannot force the other party to go for mediation.Secondly there is no provision under the law to file an reply for complaint under section 498 A IPC. But if you want , you can file reply to put your defence in written.Thirdly you can file a case for restitution of conjugal rights under section 9 of Hindu marriage act to bring her back.