Advocate Anirudh R Garga

Questions Answered by Advocate Anirudh R Garga

Q: Can a witness to settlement suit claim a share in same property

Sir my grandfather has 3female children including my mother who is elder. My grand father purchased land of 2cents from his savings and he settled in the name of his third child for which my mother and her younger sister signed as a witness, now my grand father expired and the third child is refusing to give money or partial land to my mother and her sister How can I take a legal action against them Land settled in August 2002. My lawyer is saying that the case will not stand in court since my mother signed as a witness in settlement deed.

Advocate Anirudh R Garga answered
Your advocate is correct . Your mother will be estopped from going against the document which she has signed as witness knowing fully well the contents of the same. Only remedy is if your grandfather had other properties then she can ask for share in those as she is entitled to one third share.

Q: Transfer of property without knowledge of other claimants

Hello sir. My grandpa bought an agricultural land 30yrs ago.now he is no more. my father cultivating and using that lands..my grandpa had two daughters along with my father..one of my aunty was married in 1983 and another one was 1990..10yrs before big problem between my aunties and my grandpa..afterthen there is no contact between them..before dead,my grandpa told don't give any properties to their daughters. but there are no written documents for that..now all properties in my grandpa's name. what is the way to change it to my father name without my aunties knowledge?

Advocate Anirudh R Garga answered
Intentions of your grandfather conveyed orally to your father will not hold good in court of law. Your father and two aunts have undivided one third share each in your grandfather's property. Changing the title in your father's name without aunts' knowledge is against law. They can start litigation if done so. It's advisable to negotiate with them.

Q: What are the chances of SLP getting admitted in Supreme Court

We have won a specific performance suit in the lower court as well as the High Court. The opposite party has filed a SLP in Supreme Court. The SLP number has still not been assigned and it is listed for Chamber hearing as there has been a delay in refiling. We have not engaged a counsel yet in the Supreme Court as per our High Court Advocate advise. What are the chances of the SLP getting admitted when there is concurrent judgment in the lower court and High Court.

Advocate Anirudh R Garga answered
There is chance of getting it numbered with costs for the delay it depends upon how good the advocate represents the matter for the other side. Once numbered there is only a limited chance that the Supreme Court finds differently from the concurrent findings of lower court and High Court.

Q: Clarification on sale of property over which case is still running

I had a civil case O.S No. 4379 of 2016. It was dismissed and judgment is in my favour. Now again I.A. No. 3561/2018 is applied. I want to sell the property now. Is it possible or I need to wait till I.A. gets closed. Need immediate assistance on this.

Advocate Anirudh R Garga answered
Whether you can proceed to sell the property depends on what IA has been filed and who has filed it. If there is stay or some other kind of related order then your sale would be hit by Lis pendence. It is advisable to wait.

Q: For legal heir certificate do all the heirs need to be present

Hi, We need to get a legal heir certificate. The heirs include my mother, brother and I. The problem is that my brother lives abroad and cannot come to India anytime soon for this. My qs are 1. Does he have to be physically present to sign on the application (or for any other part of the process)? 2. How can we proceed if he cannot come to India? Thank you very much!

Advocate Anirudh R Garga answered
He need not be present physically to get a Legal Heirship certificate. He can execute a Power of Attorney in favour of anyone here get it duly attested in the Indian consulate in the country he resides. The PoA can sign the plaint/petition to get the certificate.