Advocate Akshay Nagori

Questions Answered by Advocate Akshay Nagori

Q: Solar company installed solar product but it's not working

Can I file a complaint in consumer court , he installed solar panel now he is saying there is no permission from electricity board. He is not refunding my amount. From last 2 months he is not giving me money as well

Advocate Akshay Nagori answered
Yes you can file a consumer complaint against the company, in the alternative you can also file a money recovery suit. He ought to have taken permissions prior getting the amount from you, if he has not done so and now he says that there is no permission, this is deficiency in services

Q: Use of others Copyright and Trademark

I want to start an Online Library through Website and Android App for public use. I want to know that how to get a licence for that.And what copyright, content and ownership rights will be faced for a book to upload it on website.And how to solve that.

Advocate Akshay Nagori answered
Based on your query, I can suggest two options to you. First one is to get the trademark registration of the name and logo which you will be using for you app as well as website. Second one is get copyright of the codes and screens which you will use for your app as well as website. For the ownership related issues you will have to give credits to the original author whose literature or work you will be using.

Q: Want to claim over grand father's property before his death

Sir mere par dada ji ki sampati ka hak muje mil sakta he jab mere dada or pita jivit ho me hisa le sakta hu muje sahi ray de

Advocate Akshay Nagori answered
आपके दादाजी और पिताजी के जीवित रहते आप अपने पर दादाजी की संपत्ति में हक नहीं मांग सकते| मौजूदा कानूनी प्रावधानों के अनुसार आपकी पैतृक संपत्ति दादाजी के हिस्से में जब आती है तो वह संपत्ति उनकी स्वर्जित हो जाती है और ऐसी संपत्ति में उनके जीवित रहते आप उनसे अपना हक व् हिस्सा नहीं मांग सकते, यहाँ तक कि आपके दादाजी के जीवित रहते आपके पिताजी भी अपने दादाजी की संपत्ति में से अपना हिस्सा नहीं मांग सकते|

Q: What is the validity of a non registered gift deed

My father is died on 1997 and acording his will my mother and after her my brother is only owner of this property.my mother is also died on 1999.and now my brother is owner of this house.and after my brother marriage  he transferred this house for his wife by gift deed. And now my brother an my bhabhi  want to selling this house.we are two sisters and we r also married. Can we file a case on my brother and bhabhi for this property. And we r not sure that the will is origenal or fake because its only nottery not registered. pls help

Advocate Akshay Nagori answered
A will need not to be registered, only attestation by two people is required for a will to be genuine one. Regarding the question whether you father had right to give away the property by way of will is concerned, if the property was your father's self acquired property he can give away the property to anyone according to his wish and no one can question that, but if the property was ancestral one than only you can raise objections with regard to execution of such will including the question of its validity only if it is not properly attested. Rest all depends upon the facts and documents of your case and your better help can only be done after going through those documents.

Q: Legal remedy as tenant not vacating since 50 years of tenancy

My father owns an ancestral piece of land . some of it has commercial space . grandfather gave a small shop to dhaba owner 50 years ago at a rent of mere 20 rs per month . now the original tenant have died long back and his son's are not vacating the place . and of course not interested in increasing the rent .please suggest some grounds which can be put upon to get the possession . the rent control act in UP has majorly affected the landlords .

Advocate Akshay Nagori answered
Rent control legislation is a social legislation and basically was adopted with a view to safeguard the rights of both the landlords and tenants, provided both should be fair enough to with each other. In your case the rent which u have stated is too meager, which should not be there in today's time. Hon'ble Supreme Court is also in favour of landlords regarding the amount of rent. You can go for the ground of reasonable and bonafide necessity and otherwise also some other effective grounds which entirely depends upon the facts and situation prevailing in your case. Rest all is matter of fact and specific advise can be given only after the perusal of papers.