Advocate Devender Kumar Kataria

Questions Answered by Advocate Devender Kumar Kataria

Q: Buying property having tenants in place

Dear experts,I have been into property deal in gurgaon apartment and purchasing from seller, and currently the property has tenants staying in it.They have rent agreement with seller for minimum 6 months lock in period ending Dec 2018.1. To safeguard my rights as buyer, I have asked for registry to happen on 2 Jan 19. But Im having doubts if tenants refuse to vacate stating its only minimum lock in period, and they will vacate only when 11 month lease expires(May 2019).2. How do I safeguard my deal -- can I ask seller to take affidavit from tenant stating they will vacate by Dec 18.Or have a copy of notice to vacate they send to tenant.3. Do I do step2 before ATS and after token is given.4. Any other better option which is feasible and in interest of both parties(buyer/seller).Kindly advice.Regards-NN

Advocate Devender Kumar Kataria answered
You can have tripirate agreement with seller and the tenant other than the ATS. you can also get the fact of the tenant mentioned in the ATS. however, it would be advisable that you enter into the agreement on vacation of the property by the tenants.

Q: Registering marriage with a foreigner in Delhi.

I am an Indian and my fiance is a foreigner.1) Can I register my marriage in Delhi even if I am from a different state? I live in Gurgaon and have proof of residence. But all my govt issued IDs are from my state.2) should upload the documents on Marriage register's website and then visit the office after 2 weeks to get the actual date of marriage. And the actual date of marriage can be 1-3 months from the date of submission of the form? And then the marriage certificate will be issued after 2 more weeks? She comes to India in December. So, should I upload the documents in November before she is here?3) My fiance's parents are coming with her, and they can act as witnesses. In that case, what would be the proof of residence? Their passport? Or do the witnesses have to be Indian citizens?4)do I have to show a proof of being single ?5)she is coming on e-visa. I heard that e-visas can't be converted to X visas after marriage, but it happens in reality. Any insights?Rahul

Advocate Devender Kumar Kataria answered
there is no procedure whereby documents of would be marriage can be processed prior to marriage. Once you have the documents pertaining to your IDs from Gurugram then your marriage can only be registered in Gurugram only. if your marriage is being solemnized in Delhi then you can try to contact the registrar of marriage of the area to know the exact procedure. their passport would be enough as their respective ID proofs.

Q: Victims are ready for compromise but one accused person is out of indi

Hi sir, This is vishal, we fought with some people they filed a case against us but now they are ready for compromise but one of my accused friend is out of india is it possible to compromise the case without him? My another query is that i want to apply for passport. Do my passport will get reject as one case is under my name?please let me know these two queries

Advocate Devender Kumar Kataria answered
you have to share the details of the case like sections, under which you have been charged, status of the case, whether evidence of the complainant and injured has been recorded or not. If it still required to be recorded then the witnesses can turn hostile and that can be done in the absence of the co-accused. however, if the offenses are compoundable then the presence of the co-accused is required.

Q: Bought a property but her son filed a case to claim his share

I purchased a land from a lady of my village. That lady got the land from her husband and husband was also alive at the time of land purchase. Registry was done and we handed over the money too that lady. But mutation is still pending. Because her son's filed a civil suit against his mother stating that she is selling our anenstral property. Now we are in trouble because we paid money and now they filled suit too. Her mother collected money and now she is in safe zone and her son's filed suit against us that this sold land has our share too. Pls suggest what will happen. What about our money that we paid and what about that land. Her children says that their father can not transfer whole land to his wife.

Advocate Devender Kumar Kataria answered
Hello, You have to know as to how come said lady became owner of the property during the life time of her husband. Once the lady became owner of the property, so the chain of ancestry gets break down and the land in the hands of the lady, was no more ancestral land. As you say the sale deed has already been registered so the possession must also have been given to you. If you have the possession, let the son kept on fighting the case, he cannot succeed legally.

Q: Hello, We are 2 sisters and one brother. I am eldest sister. After my marriage, my parents bought a

Hello,We are 2 sisters and one brother. I am eldest sister. After my marriage, my parents bought a land in 2001 after selling their previous self bought property in Delhi. Earlier and this property were both in my mother's name while she is a house wife. They took bank loan to build a house on that. My brother (middle child) was made a coborrower in that.My parents are staying in this house with my brother. My young sister (married and citizen of Australia now) is settled abroad.My mother wanted to give me bigger share in property as I have 2 daughters to marry but my brother has forced my mother to make a transfer deed in his favour so that later on we sisters do not get any share in that property.Can I challenge this transfer deed. My mother is ready to say in front of magistrate that transfer deed was done by forcing her emotionally and physically.

Advocate Devender Kumar Kataria answered
No, you cannot challenge the transfer deed as you have no locus standi to do so. Yes, your mother can do so. for that she shall be required to file a petition before the a concerned Sub-Divisional Magistrate to cancel the deed. But, as your brother has built a house over the property, so you would be required to pay for the construction raised by him over the property, as the same must have been done with the written consent of your mother,