Advocate Gurjant Singh

Questions Answered by Advocate Gurjant Singh (25+ answers)

Q: Documentation of property purchased 30 yr back

A land was purchased 30 yes back by me by words and writing on white paper by seller who is no more now. It today is open land. How today I can show adverse possession and make documentary proof to my name. As his successor who sell the land are not supporting me

Advocate Gurjant Singh answered
Since the land was purchased on plain paper and not through a registered sale deed, that document does not legally transfer ownership. Title in immovable property can be transferred only by a registered instrument.However, if you have been in continuous, open, and uninterrupted possession of the land for more than 12 years, you may claim ownership by way of adverse possession. You must prove long physical possession through evidence such as revenue records (if any), property tax receipts, photographs, boundary construction, cultivation record, and statements/affidavits of neighbours showing your possession for decades.The correct legal course is to file a Civil Suit for Declaration of Ownership on the basis of adverse possession along with Permanent Injunction against the legal heirs. Once the court grants a decree, the property can be mutated in your name.

Q: Internal transfer of a partnership property between partners,

In 1988, a registered partnership firm M/s Gupta Traders (Haryana) was formed with four partners. In 1992, an HUDA/HSVP plot was allotted in the firm’s name through a registered conveyance with HUDA permission. In 1996, a notarised (not registered) dissolution deed stated that three partners retired and all assets vested in the remaining partner, Basant Gupta. No registered transfer or HUDA permission was obtained. Who is the legal owner today—the firm/all partners or Basant Gupta?

Advocate Gurjant Singh answered
Under law, immovable property cannot be transferred without a registered deed and authority permission. Therefore, the dissolution deed did not legally transfer ownership of the plot to Basant Gupta.So, even today, the legal owner is the partnership firm / all partners, not Basant Gupta alone.Basant Gupta may have a personal claim against the other partners, but not legal title of the plot.

Q: Nominee ( my small brother ) took money from bank account.

Grandmother died 14-04-2022. PSB bank. Nominee (chachu) withdrew/settled ₹16,00,000 on 13-05-2022 (after death) and is not giving our share. 3 legal heirs, share ≈ ₹5,33,333. Bank gave statement on 03-02-2026 after delay. My Brother lied on 27-01-2026 saying account closed earlier. Can i file a case against him?

Advocate Gurjant Singh answered
Under Indian law, a nominee is not the owner of the bank amount of a deceased person. The nominee only receives the money from the bank for convenience, but the amount forms part of the deceased’s estate and must be distributed among the legal heirs as per succession law.In your case, since your grandmother died on 14-04-2022 and the nominee (your chachu) withdrew ₹16,00,000 on 13-05-2022 after her death, he was legally bound to hold and distribute the money among all legal heirs. With three legal heirs, each is entitled to approximately ₹5,33,333.If he is refusing to give your share, you can take legal action. Remedies available include:Legal notice demanding your lawful share with bank statement proof.Civil suit for recovery of money and rendition of accounts.If there was dishonest intention or false statements (such as claiming the account was closed earlier), a criminal complaint may also be considered, depending on evidence.The delay by the bank in giving the statement does not defeat your right. Preserve the bank statement dated 03-02-2026 and death certificate as evidence. You have valid legal grounds to proceed against him.

Q: MY wife ran away 10 weeks before leaving me and my 5.5 years old daugh

The day she ran away my father filed a genuine police complaint against her that she abuses us, threatens us and took all jwellery and now it's 10 weeks she instead of coming back keeps every time new illegal demands and I think she fears of the complaint filed against her that's why she not coming back and her brother sarcastic way mentioned that she is not well she needs 3 months more rest and we will talk after that, i don't want to file any section 9 or divorce what to do to make her come

Advocate Gurjant Singh answered
If your wife has left the matrimonial home without any valid legal reason and is refusing to return despite repeated requests, the law gives you non-litigious remedies before going to court. You should first send a formal legal notice through an advocate calling upon her to return and resume cohabitation. This creates written proof that you are willing to keep the marriage alive and that her absence is voluntary.You may also approach the District Family Counselling Centre / Women Cell or Mediation Centre attached to the Family Court for conciliation and counselling. Courts treat mediation as the first and best step in matrimonial disputes.The police complaint already lodged against her will protect you if she tries to falsely implicate you later. Her repeated illegal monetary demands and deliberate delay may amount to mental cruelty and desertion, even if you do not wish to seek divorce now.Legally, no one can force her to return physically, but by issuing notice and initiating mediation you put legal pressure on her to either return or disclose her real intentions. If she continues to avoid, her conduct will strengthen your legal position in future proceedings.

Q: False FIR in posco kidnap st sc but arrest in rumur,threat ,identity

False FIR made in posco st sc kidnap case but arrest made in identity disclosure in section 21 posco,rumur case and threat case and st sc 3(v)ia ,kindly clarify is arrest illegal as no evidence exists on record regarding fir sections,nor arrest sections have any evidence, Political pressure has made this conspiracy, bail has been denied at session

Advocate Gurjant Singh answered
Arrest in a POCSO or SC/ST Act case is not automatic. Under Section 41 CrPC and the Supreme Court judgment in Arnesh Kumar v. State of Bihar, police must have credible material and necessity for arrest. If FIR allegations under POCSO (Sections 21 etc.), kidnapping, rumour or threat offences, or SC/ST Act Section 3(1)(v-a) are not supported by prima facie evidence, arrest can be challenged as illegal and arbitrary.The SC/ST Act requires that arrest must be based on specific caste-based offence and material on record; vague or omnibus allegations are not sufficient. Similarly, under POCSO, mere allegation without medical, digital, or witness evidence does not justify custodial detention.Even if Sessions Court has denied bail, you can approach the High Court under Section 439 CrPC for regular bail or Article 226/482 CrPC for quashing or for protection if arrest was made without legal basis. If arrest was politically motivated or without compliance of CrPC safeguards, the court can grant bail, interim protection, or even compensation.Therefore, if no supporting evidence exists for the invoked sections, the arrest is legally vulnerable and challengeable before the High Court.