Advocate Gaurav Singh

Questions Answered by Advocate Gaurav Singh

Q: Challenging gift deed and info about ancestral property act what to do

This is a case on ancestral property. Basically my father gift deed the suit property to my bhabi (elder brother's wife) in 2010 (as per the papers) which i got to knew last year. They registered a case against me for threatening his life(totally fake) for the same which is going on in the court. The court also sent a local commissioner for the survey of the suit property and yes i have some part of the property in my control (registered by local commissioner - locks have been put up). But the problem which is coming is that my lawyers constantly say me that our probability of winning is very low and this is a case in which "We are fighting against the Law" as he says that according to ancestral property act, my father can transfer the "Whole Ancestral" property to my elder brother anywhere just on the tip of his pen. Is this true?

Advocate Gaurav Singh answered
First There is nothing like ancestral property act in India second father cannot transfer ancestral property by gift as no such gift is permitted under Hindu law as far as im movable ancestral property is concerned.

Q: What to do when in-laws are claiming property?

I filed a petitoon u/s 156/3 Acmm Delhi. We should also file suit for possession ? I m Muslim.. I have somany evidence...documents hard copy, voice recording etc....

Advocate Gaurav Singh answered
first of all be specific about in -laws claiming property on what ground ? what is your interest in property ? and as you said if you have enough evidence that property belongs to you then go for suit of declaration

Q: Can accused be acquitted because of the absence of complainant

if complainant does not appear in court for evidence in state will it amounts to acquittal the accused in this ground only?

Advocate Gaurav Singh answered
It depends on nature of complaint i.e in matrimonial or other non cognizable offences your statement may be true it depend on offence to offence suppose if you complain of a murder and during investigation there is enough evidence and witnesses against accused now if you do not give your evidence it is not a ground of aqquital

Q: how to initiate recovery of money from the debtor

I'm a electrical contractor I take a work in Mauritius in February now the site is on the final stage and we done all the work but we are on tourist visa some guy in business visa and the party don't give the money what we do

Advocate Gaurav Singh answered
File a summary suit in court on basis of that contract under order 37 of CPC if the place of business or registered office of that particular opponent is some where in India otherwise arbitration is option for you