Advocate Devansh Aggarwal

Questions Answered by Advocate Devansh Aggarwal

Q: Legal remedy to claim ancestral property acquired by Government

our ancestor property has been acquired by the govt. my grandfather allows my neighbours to use side portion of our property on a mutual understanding based on good gesture and maintain a healthy relationship but as time passes by the start calling it Govt. Property and to avoid a fight and long argument my grandfather and father did nothing and I know this property is still in grandfather name, what legal action can be taken to claim this property?

Advocate Devansh Aggarwal answered
firstly go to SDM office of your area and get the khasra-khatauni of your property. In there itself there must be mention of your grandfather's name as well as it will be mentioned over there in it whether the land belongs to your grandfather or government....then you can follow legal process to claim it back.

Q: Complaint filed for construction of room in courtyard of DDA flat

Neighbour has complained to MCD regarding construction of room in flat courtyard (ground floor) built 5 years back & we are living in flat.Can mcd be stopped if demolition order is passed.Whether room can be demolished as similar construction is made by other flat owners in the block

Advocate Devansh Aggarwal answered
yes, it can be stopped but it is required that you must provide full details of other flat owners to MCD when they issue notices to you regarding demolition of courtyard on ground floor. also you can provide them the original site plan approved

Q: Car Accident in neighborhood by minor of 16 yrs

my son 16yrs took my car keys early morning to drive my car and hit a 62 yrs old person in neighbourhood. no external injury or bleeding but a minor fracture in his leg. my fmly agrred nd apologised n tried to convince him that we will pay all expenses but he refused nd demanded 3 lacs otherwise he'll file case. police made DD entry in police stn and case filed u/sec 279/337/IPC 3/181 MV ACT. minor was given bail n vhicle was released on superdari. what next to do as i m middle class person n no links wit lawyers n never seen police stn or court in life. pls advz wht to fear about n how much will i hve to pay in court and how long will it go. suggest me good lawyer who is reasonable too. thanks. regards, rajesh

Advocate Devansh Aggarwal answered
Two cases will be there. One will be a criminal case against your son and other will be MACT case in which insurance company will pay on your behalf. In criminal cases mostly it is settled between the parties

Q: My rights in my fathers property of which he made oral partition

My father(karta joint hindu family and inherited property deceased before 1950) makes a oral partition two month before the death in 1981 in his 4 sons and 3 daughters. i am younger one all 3 sisters give us registered RD in all our 4 brothers favour after that divide property in 4 parts each of brother and mutation in mcd records of each brother name .now i am the owner of my share. my property is ancestral or self acquired now? my son can stop me to sale the property?

Advocate Devansh Aggarwal answered
It is ancestral property as it was inherited by your father too. But your son cannot stop you but can ask you for his share as the property is ancestral(inherited). He can file a suit for partition in court for his share.

Q: Can i file a case against banker for his negligence and harassment

Hi i took a secured loan from andhra bank in september 2016 for my restaurant i had given 50 cheques from kotak for clearance of installments now banker had failed to provide me POS machine post november 8 all payments r by card n routed to my kotak account the banker neither deposited cheques nor provided me pos machine but suddenly asking me to repay 3.26 lakhs as dues otherwise threatening me to makecmy account NPA can i file a petition in court to question the negligence of banker im not in a position to pay 3.26 lakh in one go

Advocate Devansh Aggarwal answered
Yes you can approach consumer court for non providing of services by bank despite several requests and you can claim compensation for the same.Also you can approach Banking Ombudsman for your complaint.