Advocate Chetan Rai Wahi

Questions Answered by Advocate Chetan Rai Wahi

Q: Transfer the property in absence of will

My Grandfather expried last month and having 2 sons.Now there s no will and in absence of will whats the procedure of the transfer thehe name of property on their sons individually. I asked that issue with local lawyer and they told me that first of all property will be tranfer to elder son means my tauji and after 3 days my Tauji will transfer it to my father . IS it right way of transfer? Plz suggest me about this

Advocate Chetan Rai Wahi answered
No this is not the right way of transfer. The correct way to transfer is to file a suit for partition.that is the easiest way to transfer the property in absence of a will.rest i can only opine after seeing the papers...

Q: How to claim shop which is sold by fraud to tenants

Sir mujhe pagdi ki dukaan khaali karwaani h Mere kirayedaaro se Jo ki Mere pita kaafi saalo pehle de thi, Jo ki Mere bhai ne froude kar ke bech Di ussi kirayedaar ko par abhi registree nhi hui to pita Ji to h ni.so btaiye ab kya karu?

Advocate Chetan Rai Wahi answered
an apne tenants k khillaf ek property khali karwane ka suit file kar sakte hain. suit kahan file hoga ye property k rent par depend karta hai. baaki ka advice main apke property k kagaz dekh kar he de sakta hoon. Thank You

Q: Clarification on issue of cheque bounce notice in wrong name

My name is Mrs. R I am sole proprietor of M/S S I had issued a cheque which got bounced and the other party has filed sec 138 case against me. The notice and summon which I have received is addressed to - Mr. S Proprietor - M/S SI just want to ask whether this case is maintainable? Since accused name is wrong in notice and summon.

Advocate Chetan Rai Wahi answered
although if the accused name is wrong, the trial cannot proceed. however i will have to still look at all papers to arrive at an opinion. if it possible to send all papers you may send and then i will be able to render my opinion.

Q: What to do for recovery of amount

Can I file FIR against someone for not returning money he owes me? I dont have any written proof but i have some whatsapp conversation screenshots.

Advocate Chetan Rai Wahi answered
It is not possible to recover money by filing an FIR. The only way to recover money is by filing a civil suit for which one percent court fee is payable on the amount which is sought to be recovered. Rest of the advice can only follow once i understand the whole dispute. Regards

Q: Father gifted his property to son but now wants to cancel gift deed

If my father indenture some of his properties to his 1st wife's son, later on 5 month he canceled that indenture, meanwhile his son deed that properties to his wife and his wife gives power of authority to her father. So please anyone guide me to know that if i go to a court, it will work or not. Is there any law for Muslim's in this case.

Advocate Chetan Rai Wahi answered
a registered document can only be cancelled by a decree of a court. in the present case since many things have been done after the registration of gift deed, i will have to look at all documents to come to a conclusion.