Advocate Abhay Rajesh Gupta

Questions Answered by Advocate Abhay Rajesh Gupta (100+ answers)

Q: Is an unregistered gift deed valid in India, and can it be canceled if it is considered valid? What

Mr. A executed an unregistered gift deed in 2016, gifting immovable property in Mumbai to his son. The gift deed has not been registered, and the premises have not been transferred to date. Is the unregistered gift deed valid? Can the gift deed now be canceled, and if so, how? Additionally, what is the Supreme Court judgment regarding the validity of an unregistered gift deed in India?

Advocate Abhay Rajesh Gupta answered
1. An unregistered gift deed is not valid from the point of law .2. Every immovable property is mandatorily registered if such property value is above Rs.100 or above Rs.1000 .3. You can cancel the unregistered gift deed for filing Suit for Cancellation of Unregistered Gift Deed in Civil Court Even if it is Valid . 4. The Registration Act 1908 is not applicable if gift deed is not registered and there is no value in the eyes of law .

Q: How to file a contempt of court petition, and how to file contempt of court without a lawyer?

I would like to draft a letter stating that the opposite side is misleading and delaying for years in providing the original documents as per the Andheri court order, which is also contempt of the court order. Please guide and suggest how to file contempt of court and how to file contempt of court without a lawyer. I am not challenging the maintenance order. Religion: Hindu.

Advocate Abhay Rajesh Gupta answered
1. Firstly , The Contempt Petition file under as - The memorandum of Contempt Petition is filed Under Section 11 and Section 12 of the Contempts Of Court .2. Secondly , Checkedout the jurisdiction of court which the cause of action where arose ? When arose ? Why arose ? How arose ? & then file the Contempt Petition .3. I think you satisfied with the answer , Please rating me on lawrato for increasing my rating star .4. Thanking you in Advance .

Q: How can I verify if a will is registered and check for its available copy online, or how to confirm

How can my friend verify if the registered will paper and the available copy of the will (वसीयत) are the same? He has doubts about discrepancies. If they are different, can he make changes? He mentioned that this is his first and last will paper (वसियत). He is alive. Additionally, how can he check if the will is registered or not, and is there a way to check the registered will online?

Advocate Abhay Rajesh Gupta answered
1. Firstly , You write an application before the Registrar of the District/Metropolitan City for Issuing the Certified Copy of Such Will , Only you can recieve such certified copy if the relevant will is registerd before the Registrar any where in India .2. If will is registered then you can easily cross checked but if will is not registered then you can't find.

Q: Recover money paid to landlords as no possession provided

I paid to owner around 3.05 lakh but owner refused to provide possession even after online agreement created. It has been 3 months now. She is not providing money nor possession. What should I do? Agreement was on heavy deposit of 13 lakhs, we paid 3.05 lakh as token and remaining 10 lakh I suppose to pay on possession date but owner refused stating that her sons are against it.

Advocate Abhay Rajesh Gupta answered
Good Question.. !1. First , Hire a property lawyer..! and I suggest you send a legal notice through lawyer with subject of Breach Of Agreement / Contract whatever subject put by the lawyer. 2. After receiving the notice to opponent , She replied you surely.Thanking You.. ! Please Rating Me...

Q: Illegal parking by CHS resident in my parking

I have a 4 wheeler parking space in my name and connected to it are 2 wheeler parking spaces which are in my name too. A resident in our CHS has been parking his 2 wheeler in our space without our permission and is refusing to cooperate. What to do?

Advocate Abhay Rajesh Gupta answered
Good Question..!First write an complaint attached with request application and mentioned your rights in complaint in such parking space legally and submitted to Tresspass Officer & one ccomplaint in police station for any trouble. Thanking you.. ! Please rating me