Advocate Gokul Athithya R P

Questions Answered by Advocate Gokul Athithya R P (25+ answers)

Q: Property deal with two Property deslers

Signed unregistered sale agreement with builder 6 years back and took token amount he has not paid balance amount.Signed mou with another builder 6 months back and took token amount.Now we want to cancel at least one agreement. Pl advise which one is easier to cancel if we return double token amount.

Advocate Gokul Athithya R P answered
hello sir, you must cancel the older agreement because that time limit might have been exceeded if you have mentioned any in the agreement. You proceed with the new agreement. The property value might have also increased. so, canceling the old agreement is more beneficial to you. If you want further advice please provide the agreement.

Q: Failed to pay full money after property settlement date

If the property party gives an advance and after the date, he does not pay the full amount. And he threatens to get the money back. What should we do about it?

Advocate Gokul Athithya R P answered
If you have the agreement to sell, you can file a suit for specific performance. In the concerned district court. Initially, you have to send a legal notice to the buyer, demanding the amount due to you. and after the lapse of the specified period of time, you can file a suit.

Q: Medical negligence and non paying maintenance after interim order

As I mentioned above my husband has refused to maintenance to me. Court has passed interim maintenance 6k in sept,24. After that he stopped coming to court. Now he apples high court for stay order against this order. Although I have already filled execution also but still he went to high court. Hence, I am a patient of glaucoma and brain tumour. He forced me to work and earn myself. He refused to pay maintenance, divorce also. My lawyer also didn’t support me much. He doesn’t give clarity on anything. I am in a trapped. My health didn’t allow me to work bcz I have double vision , glaucoma, brain tumour also. What should I do in this situation. Required genuine help from you all respective authorities.

Advocate Gokul Athithya R P answered
Hello, mostly High Court will dismiss his appeal if the judgment of the Lower Court is well considered judgment and if there is no stay order. He has to pay the total default amount with interest. Please send me the judgment of the Family Court so that I can provide you with a good strategy to get maintenance.

Q: Loan recovery amount from NRI person

Loan recovery amount from NRI person according to cheque

Advocate Gokul Athithya R P answered
hello, you can send Legal Notice to the borrower via email as well as to his last known location in India and the country in which he is a resident off. To file a suit, you have to find which country he is residing, several countries like UK, UAE have reciprocal agreement with India. That means Indian court's decree can be executed in that country. You can file a summary suit U/s 37 of CPC and in case the cheque is bounced you can file U/s 138 of NI Act.

Q: REGD. Will how to enforce without sister NOCr consent

Sister excluded from REGD. WILL of parents unless their self-acquired house is sold by three brothers, and then only she is entitled to a 10% share, brothers share 30% each. Sister not signing NOC towards 3 brothers. How to mutate house in the names of three brothers.House is a villa three storey, one floor for each brother.

Advocate Gokul Athithya R P answered
If the property is not ancestral property, then you can execute the Will and transfer the title in your name through court. For further assistance and comments regarding your issue, documents are required to be perused.