Advocate Amit Mandgi

Questions Answered by Advocate Amit Mandgi

Q: Equal division of self acquired property of father between sons

Sir, Please let me know is their any law stating that a self acquired property of a person should be partisioned equally among his children.If not partisioned equally can his children file a SUIT FOR PARTATION of their fathers SELF ACQUIRED PROPERTY in the court of law for equal division of that self acquired property ?

Advocate Amit Mandgi answered
Hello,This advice will be given on a presumption that you are Hindus. The law of succession governing self acquired property of a hindu male dying intestate is section 8 of the Hindu Succession Act, 1956. As per this section if a hindu male dies intesate then the class I heirs will inherit an equal share in the self acquired property. The sons of a hindu male are considered to be class i heirs along with their mother, sister and legal heirs of any sibling who has predeceased them. By law there is an automatic succession but in case any of the sons of deceased hindu male are intwrfering with the succession rights of the other heirs then a suit for partition can be instituted before the civil courtPlease feel free to post any other queries in this regard.

Q: Purchase of property in Bangalore, now in dispute, what to do

I am a resident of Mumbai. I had invested in a flat/property in Bangalore. Till date, our flat has not been registered with us. What's even more painful is that the ownership of has been given to some other person. I had hired a lawyer in Mumbai, to send them a Legal Notice in Jan 2017. But they haven’t paid any heed to it.

Advocate Amit Mandgi answered
In your query you have not stated the date on which you have entered into an agreement with the builder and further as to whether or not you have paid the entire sale consideration. Coming to the dispute at hand, you now have three remedies available to you. First, you could file a suit for specific performance of the agreement to sell, secondly, you could file a case before the consumer forum for deficient service and lastly you could file a criminal case for cheating.

Q: Booked a flat, construction not started. what are legal options

Hi I have booked a 3 bhk flat in Bangalore from Dreamz infra builder in 2015. They have not started the construction till date, I have paid 300000 Rs. I canceled the booking in 2016 june and got a cheque of Rs 298000. cheque bounced in october 2016.I reported cheque bounce case in police. The builder is saying he will pay cheque buonce customers on feb , march, and April, But not received any amount till date. My question is :- 1. What is the legal option I have. 2. We have a group of 1500 people all are victims. Can we file a group complaint in court. What is the proceedings for this? 3. How can I know the liability of Builder to attach his property for refund?

Advocate Amit Mandgi answered
Hello,First and foremost you ought to have instituted proceedings under section 138 of the N.IAct.Now, all of you can file a complaint against the builder in d state consumer forum. Further a suit can be instituted against the builder and further you could seek a relief that its assets be attached before judgment

Q: Lawyer saying that adopted child has no right in property and money

Adopted in my childhood. Now the parents have 3 own kids. My mom promised to give me some money. Their lawyer is saying i have no rights over the property or money. What are the legal point on this?

Advocate Amit Mandgi answered
In my opinion their lawyer has provided you with a wrong advise. It is to throw you off ur guard. As per the provisions of Hindu Succession Act there is no distinction between a natural son and an adopted son. Even the supreme court has time and again held that a natural son and adopted son have the same position of succession.

Q: Can first uncle son claim property gifted to my father by grandmother

My grandmother has 2 sons 1 is dead about 40 years back and second is my dad. my dad take care of my grandmother, my grandmother gifted property to my dad at age of 90, now my first uncle son can cancel the gifted property. can my uncle son get this property can he cancel the gift deed property.

Advocate Amit Mandgi answered
Under the provisions of the transfer of property act on execution of a gift deed the ownership of the property vests with person in whose favour the gift deed has been executed. Assuming you are Hindus by religion, if the property was the self acquired property of your grandmother then the execution of the gift deed is valid. Further your cousin will have to prove that execution of the gift deed was either under coercion or it was not executed as per the provisions of the law by examining atleast one witness