Advocate Lipika Mahajan

Questions Answered by Advocate Lipika Mahajan

Q: How to safeguard my share in property as I am not staying abroad

We are a Hindu family of 2 brothers, 1 sister and have a property in South Delhi. My father passed away in 2010. According to his will, he has given GF to me and FF to my younger brother, 2nd floor to my mother to be given to me and my brother equally after her and has instructed each of us brothers to give 2 lacs each to my sister. He has mentioned that he is not giving any part of property to my sister. I believe my brother and sister do not have good intentions and are trying to grab my share. I have been living in Australia and do not physically live in the property although I am planning to return to India soon. Is there a way to safeguard the property against unauthorised sale or modifications.

Advocate Lipika Mahajan answered
you can file a declaration, injunction suit against your brother and sister wherein the court will declare that you are the lawful owner of the FF of the property along with 50% share in the second floor.

Q: What to do when online currency trading platform refuses to refund?

Hi, Iq Option.com is online broker who provide binary option trading on currency i have account with them since start of September'17, There was two days where unauthorized deposits from my credit card and trade happen on my account. when i complaint them they rejected first time when it happen again and i reported them they agreed to give refund but till now they have not refunded and it seem like they not willing too. I have all email communication. Kindly guide what can be done in this scenerio

Advocate Lipika Mahajan answered
First of all, look at the Terms and Conditions of the website and see what it says about the refund and/or about the unauthorised transactions. Then proceed forward to sent a Recovery Letter/Legal Notice entailing about the entire incident and also mention the email conversations and mention the name of the employee with whom you had a word. If they still does not refund your money then file an FIR in the Cyber Cell of the concerned Police Station.

Q: Can i settle my cheque bounce case outside the court

I got a notice from the court to appear regarding cheque bounce case. Is it good that I can settle the amount outside the court and they take their case back?

Advocate Lipika Mahajan answered
if you are willing to settle the matter for the principal amount/amount for which the cheque got dishonoured then, the court has the power to finish the matter even if the Complainant does not want to settle.If you want to settle the matter then draft a Settlement Deed and file it before the court on the next date of hearing. Also, record your statement before the court.

Q: Husband has expired, in laws refusing to give share in property

two mature children(1Son and 1Daughter )from her Brother-in-law(late)are also there in the family(their mother has also expired 6months ago.

Advocate Lipika Mahajan answered
If the property belongs to your husband and he purchased it from his own earnings and savings then, you and your children will have a share in the property. And in case the in laws refused to give you your share in the property then firstly you and issue notice to them and then can file a suit for partition and permanent injunction against them. you can later also file a suit of declaration with respect ot the property.

Q: Procedure to ask the tenant to leave possession for not paying rent.

sir , two months back we have given house for rent but the family we got pay rent money on partition and not only this the security agreement cheque also bounced and we want this family to be out from our house please suggest something

Advocate Lipika Mahajan answered
There must be a clause in your rent agreement that in case of failure of non-payment of security amount, the landlord shall evict the tenant after serving him a notice of stipulated time (check your Rent Agreement for the same). Also, check if there is any clause in the Agreement which says that the Landlord is at a liberty to evict the tenant if the tenant does not pay rent for a period of 1/2/ months.. see what your agreement says. Pursuant to that, you may firstly issue an eviction notice to the Tenant on account of non-payment of security amount and rent. If the Tenant still does not comply with the notice then you can pursue Eviction proceedings against him before Rent Tribunal. Secondly also file a Complaint under section 138 of Negotiable Instruments Act for dishonour of cheque.