Advocate Divyanshu Srivastava

Questions Answered by Advocate Divyanshu Srivastava

Q: What can be done if a builder stops work on the township

we are 300 buyers of an township ( under construction ) from last 5 years .our builder refused to work saying i dont have money if we go legally then if builder declare himself bankrupt or in solvent ?? then first bank have rights to recover the money Does bank will occupied our whole township in behalf of recovery of money from builder in which some of the flats is financed to customer by bank and some purchased it through cheque payment

Advocate Divyanshu Srivastava answered
As buyers, you have four options - (a) filing civil suit (b) or arbitration if the same has been provided for in he MoU or "Agreement to Sell" (c) or file consumer complaint (d) file insolvency petition.Out of the 4, I am of the understanding that, as per my experience of recent handling of home buyers cases, filing of insolvency petition is the most effective remedy. What is needed to be done immediately is to check if insolvency proceedings are already going against the Builder Company. If the proceedings are going on then we will have to immediately file our claim before the Interim Resolution Professional (IRP) as "financial creditors"Only when we will have put our claim before the IRP, we will have any chance of getting our monies back. The remedy which the IRP can give is either completion of the project and then possession of flat or return of our monies with interest.Although Banks may be having first charge, but our monies will come back to you in all certainty. Please feel free to contact for understanding it better

Q: How to write a will and get it registered

My grandfather has yet to write his will. What is the procedure of writing a will and getting it accepted by the court?

Advocate Divyanshu Srivastava answered
There is no particular procedure for writing a Will as such. Any drafting can be a good or a bad drafting. The idea while writing a Will is that it should be clear, precise of the devolution, unequivocal and certain. If owing to bad drafting there creeps any ambiguity or doubt then interpretation of the Will become a issue and the start point of a potential conflict. This is where skills of a lawyer familiar with drafting and pleadings in general and drafting of a will in particular comes into picture. If a will is not drafted under a lawyer's auspices, then there are high chances that interpretational issues and conflict surrounding them will arise.Probate of a Will is the procedure by which a Court of law accepts the sanctity and veracity of the Will and then accords its imprimatur to it. The procedure of probate varies from one State to another and therefore depending upon the State you belong to, the probate procedure can be accordingly takenFor instance, in many situations, probate is not a requirement before enforcing a Will in Delhi.

Q: What to do if Writ petition is dismissed by High Court

wp fill for intreim order impugned(pwdva) judgement.jmfc pass order on merit & d&S set side order.now Hc wp also dismiss.petioner is widow.after filling case her husband dead.my age (56). financial conditions week.i got right to reside in materimonial home.bhc dismiss my wp.

Advocate Divyanshu Srivastava answered
I am sorry to say that it is a bit difficult for me, to appreciate your problem, as it is presently. To have a better understanding of your problem, please either rephrase the problem or either call me up so that I can provide a possible solution to your problem more effectively and instantaneously.

Q: Sister joined Pearl academy which failed her without any communication

My sister joined Pearl Academy, Delhi last July and in first sem they have failed her without proper communication. They are asking her to repeat the whole year, We paid around 3 lacs for first sem. Are there any legal options available.

Advocate Divyanshu Srivastava answered
We can file a civil suit or a consumer complaint. Depending upon you telling a little more facts, as to how their conduct is not just and right, we can suitably either file a civil suit or file a consumer complaint. We can start by sending a legal notice to the Academy and may be if they are actually sort of extorting you, they will sit down for negotiation.Kindly tell a little more facts and background so that we can build a case against them.

Q: IP technology transfer between company & University of Delhi

I need to create an technology Transfer agreement between University of Delhi food department and my company. They will unconditionally transfer technology for making diabetic cookies to my company. The technology (recipes, process etc) for these cookies has been created by the University Department. Which type of lawyer do I need for that? University is at Delhi and My company HQ is at Alibag, Maharashtra. Is the location of the lawyer important in this matter?

Advocate Divyanshu Srivastava answered
No, location is not important before you decide upon a lawyer. But engaging a Delhi based lawyer will be more pragmatic as he in capacity of your counsel/agent be in direct touch with the University and if through the process of negotiating the terms of transfer agreement and drafting the same, there arises any standstill situation then the lawyer if he is based in Delhi can have a tete-a-tete with the University and can try to convince them in person.You may contact me if you so choose.