Advocate Ananya Gupta

Questions Answered by Advocate Ananya Gupta

Q: can i cancel irrevocable power of attorney given by my grandmother

My grandmother sold the property to builder for developing new building and give the builder irrevocable power of attorney but after 15 years he still not develop the building on that property . And my Grandmother is also dead . So ,i want to know after 15 years can i cancel the irrevocable power of attorney made by my grandmother and builder and under which section ? and i like to know after person dead irrevocable power of attorney will get cancel automatically and if yes then under which section ? thanks for help..

Advocate Ananya Gupta answered
According to section 201 of the indian contract act, an agency is terminated upon the death of the principal. Thus, from this section, it can be inferred that the POA is terminated upon the death of your grandmother. However, according to section 202 of the Indian Contract Act, if your grandmother had received any money from the builder in consideration for the POA, then the POA would not stand terminated upon her death.

Q: legal remedy to pursue the case in HC in Stamp duty refund case

this is about stamp duty refund case i filed with IGR office of Maharashtra at Pune.I had filed application for refund of stamp duty of Rs.1.31 lacs from State of Maharashta.I need to know about legal remedy to pursue the case in High court.My request to IGR office has been rejected on frivolous grounds,I need to escalte this to High court.Can you help me?

Advocate Ananya Gupta answered
A writ petition seeking the writ of mandamus can be filed under article 226 of the constitution. However, before filing the writ, you must ensure that all alternate remedies are exhausted. You may also file an appeal within 60 days, under section 32 B of the Maharashtra Stamp Act.

Q: Employer threatens legal action for starting new venture

My ex-employer sent disassociation email last month after getting a proof that I have started a new venture while still in job. Later when I sent reminders for settlement I received warning notice that they may take a stern legal action. I have contributed immensely including IPR for the company yet the management is thankless. Besides they have not deposited my TDS to the Government. Since the company is in bad shape the management is trying to threaten me and deny me my dues. How do I proceed further? Should I settle amicably or defend my case? kindly revert

Advocate Ananya Gupta answered
If there is a valid non compete clause in your agreement and if your ex employer's allegations are true then there is a possibility that your employer may approach the court. Not depositing TDS to the government after deducting is an offense that they have committed.It's advisable to amicably settle your case. You may write to the person in charge of your dues and call for amicable settlement in your written communication.

Q: Want to sell flat. Agreement on father and my name. father no more.

I want to sale my flat , 1, share certificate & agreemnet has both son & fathers name ,Father Expires 5 years back, Mother & Sister Has given noc for sale of flat, Still hier certificate is needed to sale of flat , tell me the procedure?

Advocate Ananya Gupta answered
You are required to approach your co-operative housing society and get the share in your name. The society will ask for the NOC given by your mother and sister and shall make the necessary changes. It is advisable to obtain the heir certificate and get the share in your name before selling the flat.

Q: Gave advance for booking a flat, but project not approved. What to do?

i booked a flat in pune paid adv rs. one lakh, three months ago booking done, but the project not approved by any bank, asked to return back the money, he says fifty thouysand only, whether ia can get full amt, if iwill sent a notice to him or not, please suggest what to do?

Advocate Ananya Gupta answered
Please check the terms and conditions of your booking letter and verify whether the builder has any right to forfeit any amount or if any amount paid to the builder is non refundable. If there are no such conditions then you may send the builder a legal notice for refund.