Advocate Anurag Kalavatiya

Questions Answered by Advocate Anurag Kalavatiya

Q: how to revoke power of attorney

What are the steps I need to take to revok a power of attorney asap. I am currently living in Canada and am concerned that someone Igave power of aattorney may sell my land with out my consent. I do not want my land sold.

Advocate Anurag Kalavatiya answered
If the POA was for giving right to your FIL for sale of property then it was definitely registered since registration of such POA is compulsory. Further, it could have been registered in Delhi also depending on the address of your in-laws in Delhi. You cant get a copy of such POA sitting in UK. you have to give authority to someone for getting the certified copy of this document from the concerned Sub-Registrar Office in Delhi or Noida wherever the same was registered. The authorities may ask for date of execution of the document.Please note that a registered document can be cancelled only by another registered document and through a new registered POA you can cancel the previous one and also appoint your mother as new POA holder. You can make a new POA in UK and after getting it notarised/apostled in UK with seal of Indian Embassy you can send the same to India and thereafter your mother will have to get the same registered with indian stamp authorities within 3 months of the document arriving in India. The better course would be to come to India and do all the necessary things.

Q: What to do my uncle acquired property forcefully

My grandfather bought some immovable property and wrote in favour of my mother, but my uncle's want to grabbed it forcely

Advocate Anurag Kalavatiya answered
In this case you/your mother will have to file a suit for permanent injunction against your uncles. If your grandfather has given the property by way of 'Will' in the name of your mother, then no one else is entitled for share in that property.

Q: What to do if the builder is not giving possession from past ten years

I have booked a plot in Wave city in 2005. They are asking excessive amount for taking over possession. Also not paying for delay in possession which is more than 10 years. Their attitude is kind of dictatorship.

Advocate Anurag Kalavatiya answered
First give the builder a notice/legal notice for giving possession if you haven't given the notice in the past. Thereafter, if the builder doesn't respond to the notice by giving possession, then take legal action. If Builder is a company (private or public limited) then you can approach National Company Law Tribunal as a Financial Creditor. Otherwise, you can approach Real Estate Regulatory Authority.

Q: Bank CC and home loan in the same bank consequences

We have a cc limit with the bank and have a home loan in the same bank and business is in partnership due to problem in business the cc account is disturbed and home loan is on the name of one the partner's wife. And home loan is working smoothly it is not distributed where as the cc might happen NPA So will the homeloan account and residence will also be effected if the cc account is disturbed or be NPA The owner of house is gurrantor to cc limit with the bank

Advocate Anurag Kalavatiya answered
If the account in which CC limit is there gets disturbed and bank declares it NPA, then in my view, the home loan account of another partner's wife wont get affected since its a separate account and for a different purpose. Even if the owner of house is the guarantor to the CC limit, then also, bank may move forward to attach the property but account in bank wont get affected.

Q: From my money, bought a house in mothers name, now brothers want share

We buyed a property for 15 lakhs in which I my sister and my mother invested equally But the wrong decision was we made registry in name of my mother Now my mother is not alived I have two brothers I m youngest Now I want my 5 lakh but my brothers are not signing as now mother is not there then automatically the share becomes equal They are not beliving that I have put 5lacs they think it is all mothers money As mother was living with me Please guide coz I m not having written proof of investment

Advocate Anurag Kalavatiya answered
Dear Sir,There can be ways to prove that you have invested alongwith your mother and sister. Your sister and you must have invested through cheque or bank account transaction. Also, your mother's bank account should have been debited by Rs.5 lacs only and not 15 lakhs. You can show your bank account transaction. Also, check whether your mother has left any Will in this regard. Otherwise, if you cant prove your investment, the property being in the name of your mother shall be divided equally between you, your brothers and sister. Otherwise, if you are able to prove, then you will get your full share plus 1/4 share in the property of your mother.