Advocate Arundhatti Singh

Questions Answered by Advocate Arundhatti Singh

Q: Transport department denying license due to monocular vision

I am a monocular vision person, I have applied for driving licence on 18.01.2018 at Dwarka sector 10 RTO , MLO has denied first stating we do not issue driving licence to monocular vision person, then I showed him RTI of his own dept. As well as RTI by transport ministry stating driving licence can be issued if govt. Doctor permit. Still MLO is just delaying my case , after showing him RTI and doctor certification ( I obtained from govt. Dr.) He is not denying neither moving ahead and just tossing the matter to HQ and himself. Kindly seggest what to do . Even I filed RTI and RTI is been unanswered even after 30 days about same thing . I showed him that other state RTO are issuing DL to monocular vision person but still he is indifferent about my case.

Advocate Arundhatti Singh answered
Before I respond to this, there are numerous ways in which we can tackle the department, however, I need to know the status of your functioning eye. What is quality of vision? What documents do you have to support your vision? Feel free to write here.

Q: Legal query regarding GPA as non payment by tenant

I want to file case on my tenant due to non payment. I have power of attorney of the property. Plz confirm, can I file complain with this paper or I need to do sale deed before filing case against tenant.

Advocate Arundhatti Singh answered
Firstly, who does the property belong to, if it is a family member, you could also execute a transfer deed. However, you can file on behalf of the owner, under a special power of attorney, you would have to attach a true copy of the POA.

Q: On death of father claim on his saving bank account deposit

My father made his brother nominee in his saving bank account. After his death in Oct.17 he(my uncle) took all money from his account. Do I or my mother have any right on that money? Can I claim that money inspite that my chacha is the nominee in the bank account.

Advocate Arundhatti Singh answered
There are a lot of factors to be considered here, did your father have a will? Was the money proceeds related to ancestral property or was it self earned? Technically, in case where there is not written will, the wife of the deceased should be the legal heir and would have claim over the property of the husband. Either way, you could approach the court for a stay and get the bank account ceased until this matter is decided, so that your uncle cannot misappropriate the funds.

Q: Legal remedy against landlord harassing for more money

I have taken a floor on agreement of 11 month and i have the documents also, but after just 15 days of agreement my landlord is harrassing me by asking me for more money or else i vacate the floor. I have a baby n wife too. I dont know what should i do, he is forcing me to leave the place right away or give him the amount he is asking more. Plz help me plz .. what can i do in this matter. Plz help me

Advocate Arundhatti Singh answered
If you have a valid agreement, signed by both parties, your landlord cannot do this. I would however, need to look at the agreement to see what is the notice period under the agreement. He may be entitled to ask you to move, however, in such a case, we would need to give you notice. If you want to enter into litigation, you would the option of approaching the courts under the rent control laws or under contract and specific relief laws (with respect to a breach of contract). Having said, I would need to look at your agreement before explaining your options.

Q: Legal procedure for exchange of inherited property between brothers

My brother and I have properties that we inherited. We would like to exchange them for convenience and management. What is the best way to us to do this while minimizing taxes. Can we gift each other the properties?

Advocate Arundhatti Singh answered
You can execute transfer deeds in favour of the other parties and/ or relinquishment deed for your properties in favour of the other. Except however, I would like to understand the nature of the property, is it self earned or ancestral. That may make a difference.