Advocate Kunal Sinha

Questions Answered by Advocate Kunal Sinha

Q: Property Dispute Wrong Will Made

How much is the lawyer fee for filing case against sumon settlement . My lawyer is asking for very high amount

Advocate Kunal Sinha answered
Legal fees differ from lawyer to lawyer. You may choose to payments per appearance and per draft instead of lumpsum. Challenging the Will is a long process and it may take years. Hence, you need to be ready to fight a long battle.

Q: Mutation of purchased land is pending for last 6 years

Sir, I had purchased one kanal land in 2018 vide sale deed in court. Then I applied for mutation to tehsildar but he has not marked mutation stating that demarcation of khasra is pending and they can mark mutation only after demarcation. In 2022 commission formed to complete demarcation with in 15 days which is still pending. Then again I applied for mutation online in which they replied : the spot under possession is not as per tatima and advised us to get tatima rectified and then apply again.

Advocate Kunal Sinha answered
Sir/Ma’am,I shall advise you to file a representation for the record.Staying that the property purchased is one of 2018 and it has caused irreparable harm to you because of the lackadaisical approach on behalf of the authorities. A dated representation will ensure that you have reached out to them. Ask them to expedite the mutation and or advice clearly on the timeline they would require to rectify the situation.

Q: Cheque presented second on 92 upon the assurance of Accused

Cheque presented first time within 90 days upon assurance of Accused we presented cheque 92 days with memo insufficient funds came, now court says it is beyond 90 days, however 90 days limitation given by bank not 138, so what should we do? Cheque is of 2018 hardly chance to file recovery suit as my lawyer told. Please advise

Advocate Kunal Sinha answered
Covid duration can be subtracted from limitation period. You can build a case based on the fact that the cause of action accrued at a later date.The cheque aspect could have been resolved as it should be 30 days after the report of insufficient funds.

Q: Mother physically & sexually abusing and father protecting the mother

My mother physically and sexually abuses me and my brother while the father does nothing and protects the mother. The Police refused to register the FIR. I filed a DV petition and the magistrate is just delaying and transferring it from one jurisdiction to another. I went to a government lawyer to file a private complaint under Section 200. No result from there as well. I want to file writ petition for registering an FIR Supreme Court of India.

Advocate Kunal Sinha answered
Instead of a Writ Petition, file a 156(3) before the Magistrate read with 200 or as per the appropriate section of the BNS. This will ensure that the Police takes appropriate action and register an FIR.

Q: is there stamp duty for getting respective portions registered

My brother and myself inherited our present housewith two storey where we have been living after parents death. A Family settlement was duly made after the death of parents but not registered duly signed showing 50-50 co ownership in the building.Our house tax is paid jointly .Since we live on different floors now we want to get our respective floor duly registered in our names for clarity and peace.HOW much stamp duty we have to pay for getting registered individually??

Advocate Kunal Sinha answered
Stamp Duty will be calculated at your share which is 50% of the circle rate for each. Furthermore, its approx 4% are subject to specific regions, states, etc.Your local registrar's office will take care of that, you will find agents nearby who will assist you in the process.