Advocate Abhishek Kumar

Questions Answered by Advocate Abhishek Kumar

Q: can i sell my share in my deceased dad's property without other heirs

can i sell my share in my deceased dad's property without the consent of other heirs. the property is under my dad's name and there's no will, I want to sell only my share but other family members doesn't agree. is it possible to sell with the property still under my dad's name and not get in trouble? I'm only selling my share of the property

Advocate Abhishek Kumar answered
It depends, If the property can be partitioned or not. If it can be partitioned and you have Legal Heir Certificate. Then you can go ahead with selling the property. But, the other family members might file a Partition Suit and seek cancellation of the Deed if registered.However, the best way to approach it is to file a Partition Suit and once the properties are partioned, you can sell the property.The best way to approach it is

Q: procedure for starting ecommerce business

 I want to start my e commerce business. My business is in planning stage right now. What legal procedure do i have to follow to start my business. Is it legal to sell 1st copy(replica) products? And what if i get bill etc. Is it still illegal. What is MSME registration? Should we register with it in starting phase.

Advocate Abhishek Kumar answered
Dear sir,If you are thinking of starting a e-commerce business there are various which needs to be carried out.In case you are interested in availing services relating to compliance. Please respond, when you recieve a call from our office.

Q: Advance payment of Home In Unfinished Projects Partial Thru Bank Loan

I made advance payments for a home in a under construction project under " construction linked plan" and made approximately 100%. Builder took this land from govt authority on lease under installment. Some time back builder stopped the construction work, also not paying installment to authority. Anyhow authority is Govt body and will recover the money. I also talked to bank, they said loan's responsibility to pay is mine, they have given the loan to me basis agreement with builder. Authority also trying to get pending dues from Builder. Banks also section some loan and trying to auction builders office. My question is what's the best legal option to go in such scenario and against whom, builder is one, who else can be party( authority, brand ambassador, bank). I'm paying EMI for a home which is not fully completed and not in my possession. I paid service tax to govt when install were released by bank to builder. I booked this home after seeing advertisement by famous personality.

Advocate Abhishek Kumar answered
After going through your query. The best option available with you is to initiate action against builder.We have initiated such action in many matters.Initiating cases against famous personality will not help you as at the end of the day you want your money back with interest.

Q: Father bought land but deeds with uncle, how to obtain them from him

My late father brought a house in Delhi but my mums brother who lives in Delhi will not give the deeds back as we live in England & is trying to change the name on the deeds to his name. My question is how do i get the deeds back before he puts his name on the deeds also I'm from England & don't have clue how the India system works. Thank you

Advocate Abhishek Kumar answered
There are certain facts which are required in order to advice you.Please let me know, whether mutation was carried out or not, in simple words who pays the municipal tax, on whose name is the tax paid.Do you have the Deed no. or a copy of the Deed.

Q: What can be correct share division for PPP of a company in India

Me and my Australian co-founder are registering a company in Australia and have a plan to bring it to India in future. We started the company together, something like a 50-50 partnership thing. Now that we have decided to register it in Australia, he is suggesting 30% equity for him and a 8% for me considering the PPP(purchasing power parity) values in Australia and India. According to PPP, he said we need to share it in 4:1 ratio (32-8) and the rest for investors and stuff. I need some legal advice on this and also, how should we share equity after starting the Indian branch ?

Advocate Abhishek Kumar answered
Dear sir,As per the details provided by you, it is not possible to ascertain the problem being faced by you. Please highlight the issue, so that we are able to provide the solution to it.Please feel free to contact us.