Advocate Aditya Kapoor

Questions Answered by Advocate Aditya Kapoor

Q: Used car purchased & had issues within 30 days of purchase

Dear sir,I purchased a used car on 18th April, 2018 from a dealer of Cartrade. Car was certified as "Excellent" in written from Cartrade but within 30 days the car started giving issues. In the mid of an expressway the car stopped due to engine overheating issues while I was travelling with my family. The authorised Hyundai service dealer after inspecting the car found many issues - the radiator of the car was completely choked as if it was not serviced since a long time. The car's head gasket was not original and was burnt(I have all the bills of Rs. 22,000 and previous spare which were changed). I want to send a legal notice to 1. GK Automotives the car dealer for the false promise that car is serviced regularly while it was not serviced since 2014. 2. To Car Trade for giving false "Excellent" certification to the car and individual components while the components were not original and in very bad condition. I want to return the car and get my money back along with money spent.

Advocate Aditya Kapoor answered
This is a case of sheer fraud on the part of the car trade company, you can sent them legal notice claiming the money back anc compensation too and further proceed against them in the consumer court too.

Q: How to make payment under gift deed

Hi one house property is transferred from my maternal grand mother to my mother with duly registered gift deed. now my mother wants to pay share of 7 lacs each to all her 5 sisters with her own will. now property is transferred through gift deed which has to be without any consideration; then how to create document of this payment to all sisters, payment will be made through DD in name of all sisters. what proper legal document can be created which defines there share is paid and they do not have any right on this property (gift deed no consideration factor need to be kept in mind) Regards

Advocate Aditya Kapoor answered
Their is no need to prepare any document in this regard as if gift deed is in your mother’s name and the same is registered , her sisters cease to any right in the same. Further if you want to pay them share out of your own will, you can make a will(vasiyat) or gift deed in this regard in their favour.

Q: How to resolve a dispute regarding property

There is a plot in delhi which is on my grandfathers name and 20 years back we moved out of the house. After 5 years my grandfather expired and there is no will of the property. There are 3 son and 4 daughters of my grandfather including my father. Please share what action can I take to claim my share of the property.

Advocate Aditya Kapoor answered
You can file suit for succession under and claim your share under Indian succession act. You can also file suit for partition. The share of your father will be 1/7 further if any of the child of your grandfather relinquish his or her share in the property then the property will be equally divide into the remaining persons.

Q: How to get my property or money back from father in law

My father in law purchased a property on the name of my mother in-law in 2006, in which I also gave 25% money share to purchase it. And that payment I had made via chq. Now I hv matrimonial distributes. I want to claim on that property as I m also hv right on that property. Or Do I get my money back as the property rate at this time. Plz suggest me.

Advocate Aditya Kapoor answered
Do you live in the same property? Yes as you said you had made the payment via cheque you can now claim 25% of the share in the said property by the way of civil suit further their are other ways available also to set the the issue between you and your in-laws.

Q: Can an owner of a builder floor have both roof rand parking rights

In a builder floor, is it legal if the owner of the top floor has both roof rights and parking rights??? Is he eligible only for roof rights and not parking rights??? And if he has roof rights and parking rights both in his registry is he eligible for both???

Advocate Aditya Kapoor answered
Generally top floor owner has the roof rights, else depends upon the terms and conditions in the registry, if it is mentioned in the registry that the owner of third floor have both parking and roof rights then he will enjoy these rights.