Advocate Amarendra Kumar Dubey

Questions Answered by Advocate Amarendra Kumar Dubey

Q: Validity of Execution proceedings

My Company filed civil suit against me for recovery of money of Rs. 10 lac on account of fraud and filed another separate civil suit against another employee for recovery of the same amount. The total fraud amount as estimated was Rs. 10 lac. I have lost the case and decree was awarded against me. My question is whether my company can file two separate suits for recovery of amount of 20/- lac (10 lac from me and 10 lac from other employee) whereas the the total amount lost in fraud is 10 lac.

Advocate Amarendra Kumar Dubey answered
If the loss incurred is only 10 lakh, it might not be practical or reasonable to file two separate cases for recovery. The decision to file legal cases for recovery depends on various factors such as the nature of the loss, the legal framework governing the situation, the chances of successful recovery, and the costs associated with litigation. Sometimes, pursuing multiple legal cases for the same loss might not be cost-effective or efficient, especially if the recovery amount is relatively small compared to the expenses and efforts involved in litigation. However, legal strategies and considerations can vary based on jurisdiction and specific circumstances. It's advisable to consult with a legal expert for tailored advice regarding the best course of action in such situations.

Q: Document requirements for sale/ purchase of industrial property

hello,Am looking to purchase a factory in Wazirpur industrial area. I am not interested in the building, since i plan to raze the structure and reconstruct.Please let me know what documents should I be looking out for

Advocate Amarendra Kumar Dubey answered
Title Deed: This proves the ownership of the land and should be in the seller's name.Survey and Land Records: These documents confirm the boundaries, measurements, and legal status of the plot.Encumbrance Certificate: It verifies that the property is free from any legal dues or liabilities.No Objection Certificate (NOC): Sometimes required from local authorities to ensure there are no legal disputes or objections against the property.Release Certificate: If the property was mortgaged or pledged, this document releases it from any financial obligations.Approved Layout Plan: Ensures that the plot is within a legally approved layout plan by the local development authority.Mutation Document: This document records the transfer of property rights from the seller to the buyer in the local revenue records.Tax Receipts: Ensure that all property taxes are paid up to date.Power of Attorney (if applicable): If the seller is not the original owner, a power of attorney may be required to authorize the sale.Identity Proof and Address Proof: Both buyer and seller need to provide these documents for legal purposes.

Q: Possession of property , buaa wants her share in our property

My father died in 2015 my grandmother owned the house of 67 square yards she died too in 2013 and house which is separated in half where we living in one side of half 33.5 square yard and other half belongs to my uncle(chacha) but unfortunately my grandmother never made any documents in behave of both old property documents is in her name and we are living here from past 35 years but now my "buaa" wants her part in our property what should we do

Advocate Amarendra Kumar Dubey answered
ership or joint ownership of a property between two or more individuals. This could be in the form of jointly owning a house, land, or any other tangible asset. Sharing in property involves dividing ownership rights, responsibilities, and often costs among the co-owners. It's essential to have clear agreements and legal documentation outlining the terms of the shared ownership to avoid conflicts or misunderstandings in the future.

Q: Conversion to commercial or residential

Buyed three shops with proper registry from court but after sometime it got sealed that the area is passed as parking now after all the legalities its open filling misuse charge dd and others i want to know if i can convert it legally to commercial mixed land use or residential by depositing conversion charges

Advocate Amarendra Kumar Dubey answered
Determine the current market value of the commercial property. This may involve hiring an appraiser or using comparable sales data.Understand the terms and conditions of the existing commercial property notes, including interest rates, maturity dates, and any prepayment penalties.

Q: Multiple FIR in 419,420, 66d it act cyber crime. Please suggest any re

I used to purchased some Amazon gift card in 2022 March - may from a person I meet online through paxful. Com at discount later I used to sell same gift card at higher amount. Later I came to know all the gift card he was selling to me comes from fraud. Multiple FIR across India has been registered releted to this. I am on bail in 3 cases. Please tell me any solution for this? Can I club all FIR? similar cases but different victims and how to prove my innocence in court.

Advocate Amarendra Kumar Dubey answered
police when they receive information about the commission of a cognizable offense. It serves as the first step in the criminal justice process.Purpose: The primary purpose of an FIR is to set the criminal law in motion and initiate the investigation of an alleged offense. It serves as a formal record of the information provided to the police regarding the occurrence of a crime.