Advocate Harsh Pal

Questions Answered by Advocate Harsh Pal (25+ answers)

Q: Impleading legal heirs in a CIVIL CASE .

WHAT is the in detail process to implead the legal heirs in a civil suit if the defendant passes away ?

Advocate Harsh Pal answered
You may apprise the Hon’ble Court about the bereavement of the defendant. Thereafter, you may file an application under Order XXII Rule 4 seeking impleadment of the legal representatives of the deceased defendant, stating all relevant contentions

Q: property dispute after my mother's death

Property was under my mother name after her death my father given a statement that whenever the property get sold a share will be given to me of 15L but my brother is now going to have the property registered on his name without any written agreement of my share

Advocate Harsh Pal answered
At the outset, you must ascertain whether your mother executed a Will. If such a Will exists, the property will devolve upon the beneficiaries in accordance with its terms. In the absence of a Will, you will have to institute a suit for partition, including all movable and immovable properties standing in her name.Notwithstanding anything stated by your father or brother, the property will devolve equally upon all three of you, in equal shares.

Q: Gifting Inherited Property Related

Is it possible to take back a property which is an inherited property and has been gifted to a brother. No consideration amount was taken from the brother for this gift deed. Can this gift deed be cancelled and property taken back?

Advocate Harsh Pal answered
Yes, it is possible if the property is ancestral property and the same is transferred to anyone without the consent of the co-owners. In that case, such a deed becomes void, provided that the challenge to the said deed is made within the limitation period.Feel free to contact me for any further guidance.

Q: Owner of top floor not allowing us to put water tank of 2000 ltr.

We bought second floor house in two months back. The owner of the top floor not allowing us to put water tank of 2000 litre, which is needed as per our requirement. They said as per legal rule only 1000 liter allowed per floor. But in my sale deed not mentioned any specific tank capacity rule. Please advice is there any way to solve this issue. We tried a lot to convince him softly but he is a stubborn guy.

Advocate Harsh Pal answered
There is no law that prohibits the installation of a 2,000-liter water tank on the roof of your building. However, if any occupant obstructs you from proceeding with the installation, we may initiate an injunction suit against them, as access to water is an essential necessity for sustaining life. For any further guidance, please feel free to contact me