Advocate Gunjan Bansal

Questions Answered by Advocate Gunjan Bansal

Q: How to get certified copy of relinquishment once lost

1.How do we get a certified copy of relinquishment deed from registrars office if it has already been issued once and we have lost it. 2. The original allottee and his nominee (my mother and father) are dead. Is relinquishment deed needed for mutation and freehold purpose. If not , then mutation would be in whose name ? 3. Religion is Hindu. There are 4 legal heirs.

Advocate Gunjan Bansal answered
Duplicate certified copy of relinquishment deed can be obtained from the office of concerned Sub - Registrar as per the territorial jurisdiction. If the property is in your father's name who has died intestate i.e. without a will, in that case, equal share of property would devolve upon your mother, you alongwith your sibblings. After demise of your mother, equal share to the extent of your mother's share would devolve upon you alongwith your sibblings. Relinquishment deed would be required if any of the said parties want to relinquish their share in favour of another. Mutation would follow in the same manner i.e. property would be mutated in the name of owners, who inherited the property. I would be in a better position to advice after going through the documents and knowing the facts in detail.

Q: Legal procedure for recovery of money lent to brother in law

hello. My problem is regarding the money issue. I have lend some money to my Brother in law at a promise that he fill repay it. total amount was Rs.75000 (approx.) some amount was in cash Rs. 10000 and some was in the form of money invested in bike Rs 45000 given as cash. and Rs 25000 into his bank a/c I have given this amount to him via my husband as at that time he was also working with him in his retail store since 2 years. now he(my husband) is doing his own job from past 8 months. now when we ask my brother in law to return our money back as we are in urgent need.. he is refusing to pay it by saying that it was the investment by my husband.. he is also telling many lies of here and there. please help with the matter, Thanks

Advocate Gunjan Bansal answered
You may file Suit for Recovery of Money in appropriate District Court as per the territorial jurisdiction. Documents/ proof would be required for the transactions like bank entry of Rs. 25000 and for the total amount including any other proof to establish friendly loan. You may also, opt for Pre Litigation Mediation in case, you feel it can be settled by interference of a third party who would be a neutral person.

Q: Is it a crime to marry and convert any girl not telling about 1st wife

If a muslim man marry to a hindu girl with converting her into muslim, but he did not inform her about his first wife and childrens. 1. Is it criminal offence? 2. Can the second wife file divorce case on this basis after 7 years of second marriage? 3. in this case, how much right to the muslim man to want the custody of child from second wife which belongs from another religion, the muslim man have 3 children from his first wife(alive), the hindu girl living with her parents from last 6 months and the girl follows hindu coustoms and tradition always even after the marrige with that muslim man.

Advocate Gunjan Bansal answered
As per the facts provided, the Girl at the time of marriage had adopted Muslim Religion. Therefore, the parties would be governed by the Mohammedan Law. To ascertain rights of the parties, it is important to examine the facts and circumstances in detail.

Q: I am facing Landlord apathy and bullying

I have rented a flat in Delhi in sharing with other people. Our flat has some issues related to water and balcony door, which have a potential to bear a direct impact on our health and safety. But when we intimated our landlord about these problems, she simply shrugged off the problems and instead blamed us for approaching her for the above issues, which were in fact genuine. And on top of that, told us that if we don't like the place we may leave. We do not want to leave the place as it is convenient for our budget and accessibility to coaching classes etc. But it has become increasingly difficult to put up with the regular harassment of our landlords. Kindly inform me about the rights I have as a tenant, and what are the responsibilities of our landlords towards us. In serious need of advice! Please help. Thank you!

Advocate Gunjan Bansal answered
Firstly, it is important to examine the contents of the Rent Agreement and If there is any existing clause in regard to the nature of your difficulties. Thereafter, tenant may take a legal action against a landlord.

Q: How to file claim against Unitech Builders?

As per the honorable Supreme Court of India's directive, I need to submit information in the "Claim Submission Portal for Unitech Buyers" for filing claim against Unitech builders. One of the document required is an attested affidavit (in RS 10 stamp paper) stating whether I want a refund or flat possession.Please me by providing sample affidavit in which I can fill up the required details

Advocate Gunjan Bansal answered
Unitech Buyers need to Register on www.amicusunitech.in to exercise their option of refund or possession . Indian Buyers would be required to upload an Attested Affidavit of a Notary (on Rs 10 or more stamp paper) stating therein whether he wants “Refund” or “Possession”, also mentioning requisite details of Flat / Villa / Plot alloted, project name and amount paid. It is advisable to consult a lawyer for the process of purchasing a Stamp Paper, submitting your details on the Affidavit and then attestation.