Advocate Krishan Kanhiya Makhija

Questions Answered by Advocate Krishan Kanhiya Makhija

Q: What will be the court fee and is it necessary to deposit it

How to calculate court fees in property matters? What will be the court fees in Delhi, if circle rate is 127680? And, If the person is not capable to submit court fees, then what should he/she can do? I want to know that if we not deposit the court fees of the immovable property and we only want declaration & permanent injunction as well as null and void of the document, and the suit is not for the possession, is the suit is maintainable?

Advocate Krishan Kanhiya Makhija answered
Court fee in the cases are decided according to the Court Fee Act wherein the court fee is mentioned as per state. The court fee also depends upon the nature of dispute like Suit for recovery, suit for possession etc and relevant provisions are made applicable. In your case circle rate is not the criterion to decide court fee. What is important in the case where the suit for possession is filed is the total worth of the property shown in the plaint and the share of possession being sought when the plaintiff is not in the possession. If the plaintiff is in possession of the property and share with declaration is claimed , it would be a different scenario. In the case of suit of permanent injunction and declaration as mentioned , the court fee will not be paid on the basis of value of property, circle rate etc and the nominal court fee for declaration and injunction will apply. However if the possession is claimed as a relief , in addition to the above nominal court fee , the court fee will be paid according to the share of possession being claimed . As you have asked , ( if the suit is not for possession) the relief of declaration, injunction with other consequential relief can be sought depending upon the facts and circumstances of the case.

Q: Brother taking loan for house asking to pay half interest

My brother is a Bank employee in SBI, we want to purchase a land to make a house. He is saying that he will take a home loan to buy a land and to built house both together.He told that the property will be on our fathers name.Suggest me is this possible.I will also pay the half interest of the loan but i want to know that if in future some problem hppen between me and my brother can i claim on that property for my part.?is that possible that property can buy on my fathers name because loan is taken by my brother.

Advocate Krishan Kanhiya Makhija answered
On the first part of ur query regarding home loan being taken by your brother in his name and to purchase In his father name, it is stated that generally home loan are given in the name of purchaser. However there can be joint owner in the property. If ur father is earning his income can be clubbed for the purpose of loan and ur brother or father can be shown co owner or joint purchaser. But in noccircumstances bborrower of home loan can purchase the property in some other name without showing such person as borrower. In this circumstances this cant be presumed as secured loan and bank cant take such risk. However if your brother is seeking personal loan , he can usethis money for the purchase of property in your father name by paying this amount to him.Regarding second query if the property is self acquired from the source of your father income therecan be two scenario. Your father may execute a WILL of his property in favour of anyone before he dies. Secondly if he dies intestate, as per section 14 of HS Act his wife can become absolute owner of his property . If she pre deceases his husband , his all Legal heirs ie his wife, sons and daughters will have equal share in the property.Regarding second query

Q: Previous employer harassing for joining other company

I used to worked in a small organisation of 25 ppl when I started but reduced to 15 due to many reasons including lay offs due to the financial situation. After quitting I joined another organisation in the same field to which they objected citing non-compete clause. As the language of the contract was vague and ambiguous they didn't file a case. Now they have come back saying I accessed one of the existing employee email account to delete things from their google drive where they save everything. They say they have tracked my ip address to the activity and will be proceeding legally. Help!

Advocate Krishan Kanhiya Makhija answered
Dear Sir,Before we provide you the best advice on your query , it is requested that you provide us the specific details of relevant facts which are material for the purpose of advise and further action. You have not mentioned the details regarding your length of service with the previous employer, your year of resignation, joining time of your current employer and whether they have filed any formal complaint about the allegations they are raising. In the absence of such information , the concrete advise cant be given. However on the given facts although there is a Non-compete clause which you agreed but such conditions are subject to certain exceptions and conditions and they cant be applied on each and every case. The gap between the resignations and joining, the nature of business of both the organisations, their business competition in the market , your involvement in the project or assignment with the previous employer and the current employer and the damages if any due to such joining may be the relevant factors for consideration. It is also not clear from your query as to whether any complaint or proceeding have been formally initiated against you if yes the nature of proceeding or complaint . Further the allegations as stated by you about your having accessed email account of one of the existing employee need to be proved before the court if they actually go to file any complaint. These allegations have nothing to do with your previous employment or current employment. At the most they can file a complaint in PS and no action can be taken against you unless thorough investigation is carried out and your involvement is found by the police in such allegations. Your previous employer doesn't seem to have a very good case against you. Regards