Advocate Hemant Phalpher

Questions Answered by Advocate Hemant Phalpher

Q: My mentally retarded brother damaged my neighbors car what can we do

My brother who is mentally retarded scratched a car worth 10.5 lakh.we will compensate for the repairing but our neighbour whose car was scratched is saying that scratch is very bad the car's value has gone down by 4.5. So they are saying that either we keep their car and give 10.5 lakh or they keep their car but we have to pay 4.5 lakh so what should we do

Advocate Hemant Phalpher answered
there can be legal proceedings against a mentally retarded or person of unsound mind hence he will have immunity. you can tell your neighbor to do whatever he wants as there is nothing as per indian law that can be claimed legally against your brother

Q: Can grandson claim share in grandfathers property

We have property in pitampura Delhi which was purchased by my father in law in his name but he expired in 1980. In 1984 this plot was constructed. Now my mother in law and my brother in law with his family are staying there. My husband have no guts to ask them anything & he even don't share with us anything reg this property. My mother in law construct on this property from the amount which she got after her husband's death. Now my qtn is what we will do? Can my son & daughter have any right on this property during my husband's suvival? We are Hindu family. My mother in law have 3 sons, 1 has

Advocate Hemant Phalpher answered
Yes you have an absolute right in the property as you are a coparcener under the Hindu laws. You can file a case for partition of the property before the court for division of the property. No need to ask about the details as all records are public and can easily be obtained under the right to information act from the government authorities . There is no time limit to file the case for partition hence you can file it whenever you want during your life time . Tc.

Q: How to sell property of my deceased mother

My mother owned a house collectively with myself and my sister. She passed away in January 2016. My father is alive and we are 5 siblings. I wanted to know who is the legal heir of the one third part of my mother in the property and who can sign on her behalf, in case we decide to sell off the house. We have a will on a plain paper (not registered) co-signed by both our parents, in favour of all us i.e. five sisters and brothers. Kindly note we do not have any dispute within our family over the property. Our main concern is to know who will sign on behalf of our deceased mother.

Advocate Hemant Phalpher answered
Your father, yourself and all your siblings would be the rightful heirs for the portion left behind by your late mother. Since she has passed away no one can sign on her behalf since it would be a criminal offence. The will can be acted upon by probating it before the appropriate court and then the property can get transferred to all your names.

Q: Can I sell the house received by me through will

My father bought land and built property in delhi which is freehold and we are hindu family. He passed away and property was mutated in my mother's name in MCD through his registered will. Then my mother passed away. She made me the sole beneficiary in her registered will. We are two sons. My brother an NRI lives abroad and I lived in this house with my parents. 1- can i get the house mutated in MCD in my name without my brother's consent, noc or relinqishment deed ? 2- then can i sell the house legally without my brother's consent, noc or relinquishment deed. I have the registered will.

Advocate Hemant Phalpher answered
you will first need to get letters of administration from the courts in new delhi unless your brothers gives you a noc to the will left behind by your mohter. The transfer can only be done after all the legal heirs are given notice to a will. for mutation now a complex legal procedure is there before the municipal bodies and adding the name in municipal bodies would not give a leagl title. only a proper registered instrument or a court order can get you the clear and undisputed title.

Q: Regarding Mandatory services procurement by builder after sale of Land

I have and house in township bought in 2008 form a Delhi Based builder in karnal Haryana and builder is not giving me Free as well as paid services and demanding the amount of services through court i have already sent many communications to builder regarding rendering the services but he did not does it and never replied my communication and as on he is demanding from the amount of services through legal notice what remedy is availiable with me to prove that the builder has actually not provided the services and demand raised by him is not actual

Advocate Hemant Phalpher answered
You need to file a complaint through an advocate before the national commission as well as before the police for cheatingYou do not need to pay the builder anything on the basis of a legal notice The consumer court will stay all communications he has sent to you Make sure you have proof of all your communications sent to the builder