Advocate Ankit Sharma

Questions Answered by Advocate Ankit Sharma

Q: Coy asking to pay as appointment letter accepted but did not join

My son accepted a joining letter of Coy at Noida but due to ill health of his wife he had not joined the coy he also informed the coy accordingly.Coy sent two reminder. After Feb 17, there was no Correspondence. But now Coy sent summon through Saket district court New Delhi. Hearing date is 06 Mar 18. What is to be done. Will my son has to pay as it was condition in appointement letter and my son accepted joining letter.

Advocate Ankit Sharma answered
If you have received the summons from court this means that the company has filed a law suit against your son for breach of contract. You will have to appear in the court with a lawyer and have to contest the matter in accordance with the law. If you chose not to appear before the court the judge can pass an ex-parte order against you. A proper response in a prescribed manner has to be filed before the court on your behalf. ThanksAnkit Sharma Advocate9899887542

Q: Recovery of money through recovery suit

Material supplied after receiving Purchase Order and Post dated cheques. Cheques bounced. Cheques outdated. No legal notice sent. No how to recover money through civil suit. Procedure.

Advocate Ankit Sharma answered
Recovery suit is maintainable. Cheques can be presented again at bank if 6 months have not passed and a complaint for dishonour of cheques can be filed at the competent court. If it is a company or partnership firm, you can also go for IBC PETITION.

Q: Want to sell house but one brother living in it doesnt want to sell

We are 3 children of our parents. My father who owned an apartment in Delhi died and gave it to his wife. We have the relinquishment deed. My mother died in Oct 2017 and said in her will that the property should be sold after her death and be equally divided between her 3 children. My oldest brother and his wife are living there and they have no intention of selling it. My brother doesnt have any income and his wife is making very little money in a factory. Their daughter is married and living closeby. M other brother is living in the US and wants to sell the house. I would also like to have my share but do not wish to drag my oldest brother in court for long time or cause any harm to him. What is the procedure and how long will it take? What if my brother does not vacate the house? He makes the buyers also go away I think. How much would it cost us? I am unemployed and living in Canada. 

Advocate Ankit Sharma answered
Try to mediate things with your brother and settle the matter accordingly. If this does'nt work then you will have to file a suit for partition before the competent court and claim your 1/3rd(each) share in the property. Along with the same you will have to file an application for interim injunction so that no 3rd party rights are created in the property.