Advocate Jamal Sait

Questions Answered by Advocate Jamal Sait

Q: Is it possible to get a stay order against a caveat? If so, how can one break the caveat petition or

We have filed a caveat to ensure smooth construction of our new house, but one of our neighbors has filed a case claiming we are building on their land and has sent us a notice for a stay of construction. Is it possible to obtain a stay order against this issue? We have proper orders from the corporation to build the house. How can we break the caveat petition or address the caveat against the stay order in this situation? Kindly help us.

Advocate Jamal Sait answered
Since you had filed a caveat the court must have given a notice to you and opportunity must be given to hear your arguments before passing such orders. You can approach High Court and get a stay on such injunction.Adv JamalBangalore

Q: LRF grant Land To Sc St People

There is a 2 acre of land which was granted to a person X belonging to SC ST in 1982 through LRF act. After the demise of person X there children sold this land to a builder in 2011 and subsequently builder formed the layout and he sold the plots. Now two of the children has put PTCL case in AC court to get their land back. Is this case valid under PTCL act since this land was granted through LRF grant.? what is the recent judgement on ptcl act by supreme court ?, Please let me know.

Advocate Jamal Sait answered
When land is granted under PTCL act there will be conditions like 'not to alienate or sell during such period of time' ex 10/25 years depending on conditions. They can sell there land if the concerned DC has allowed permission to sell thier land. I need more details from those side you are representing.Adv. Jamal SaitBangalore

Q: Can interest be claimed in cheque bounce case

I have given hand loan of 3Lakhs in Jan 2017. Borrower has given me the promissory note for 3Lakhs. He didn't pay the interest and principal till now. He has given me the cheque for principal and interest. Cheque got bounced. Can I send a demand notice with the breakup of principal and interest amount? Will court accepts my claim regarding interest part?

Advocate Jamal Sait answered
Lawyer needs to send notice as per section 138 of NI act within 30 days if receipt of cheque bounce . In the notice you must mention the same amount which is mentioned in cheque. At the time if arguments you can provide memo of calculation for both principal and interest.

Q: Seller father's name mispelled in absolute sale deed

Seller took the plot from a layout in 2002 and I purchased got registered in my name last month . Sellers details in absolute sale deed against my name is correct but his father name is mispelled as S/O seshshuraj instead of S/O seshuraj . Will it create any problem ?

Advocate Jamal Sait answered
For better conferment of title it’s best to execute rectification deed. If will not say it’s gonna create problem but, the seller my insist upon the same or in case the property goes to court, their may be issue with that regard especially in wills, letters of administration.

Q: property registration (Home - On three person)

Me and my sisters ( Two sister) are buying one home for my parents and we have to make so we can not register it to my parents . Me my brother in laws are equally investing in it. whether we can register jointly ( mean to say all three together)

Advocate Jamal Sait answered
Yes, you can all register, no issue will arise. You all will be called joint owners of the property. You can contact me for the purpose the purpose of registration and payment of stamp duty.Adv Jamal SaitBangalore