Advocate Koustubh Desai

Questions Answered by Advocate Koustubh Desai (25+ answers)

Q: Gift deed registration on property on which suit is pending

Can I make gift deed on a property against which a suit against tenant is pending

Advocate Koustubh Desai answered
Yes you can make it. The doctrine of lis pendens which says that gift deed cannot be made during pendency of suit is applicable when pending suit is related to title/ ownership of the property. If the suit is pending against the tenant is not related to ownership, then you can make a valid gift deed. Apart from that recently Supreme Court has held that merely because the gift deed is executed during pendency of the suit does not become void, whereas it is subject to the outcome of the pending suit.

Q: Validity of unregistered sale agreement over 6 years old

Signed a unregistered sale agreement in 2018 and took advance.he has not made balance payment till date and the agreement states that balance payment will be made 6 months from the date of advance.can I cancel it easily.

Advocate Koustubh Desai answered
Yes it can be cancelled. Since the agreement is unregistered it does not confer any rights to the buyer over the property. since the three years has already lapsed, the buyer cannot file suit seeking execution of the agreement entered in 2018. Notable even if he agrees to pay you know, you can contend saying there was breach of contract & price of property has already increased. The ideal step to be taken is sending a legal notice to the buyer stating all facts and cancellation of the agreement.

Q: Non- Payment of Salary despite multiple contacts

I worked for a small company for three months. They haven't paid my salary and have been dragging their feet since Mar'24. They keep saying we will pay and promise timelines but on the day, they start making excuses but financial difficulties. I offered them to pay me in part which was also denied. I have email, WhatsApp communications along with my offer letters. What are my legal options.

Advocate Koustubh Desai answered
There are two remedies available, firstly - complaint can be filed with labour commissioner u/ Industrial Disputes Act, 1947 & secondly - Summary suit can be filed under Order 37 of CPC. The summary suit is a better remedy as it is a quick redressal where fixed timelines are given for conducting trial. Limited issues are framed and the defendant can file a written statement only after permission of the court and court will allow only if there is prima facie case on the defendant's behalf