Advocate Maharshi H Patel

Questions Answered by Advocate Maharshi H Patel (25+ answers)

Q: To remove my father's sister name from our agriculture land

My father was died in 1999 and than later my grandfather and than my grandmother also. As per hindu rules there are my Father's sister(Buaa) name in all our agriculture land. How can i remove their name from my agriculture land And how much estimated cost to do that?

Advocate Maharshi H Patel answered
If it is ancestral property your Buaa is natural coparcener in the said ancestral property and she is entitled to have her share from the said ancestral agricultural land. For removal of her name from the said ancestral agricultural land, she need to consent for relinquishment of her right title or interest in favour other coparceners/heirs from the said ancestral agricultural land and also need to execute appropriate deed of relinquishment and get it registered with sub-registrar.And if, the said agricultural land is self acquired property of your father, in that case no one else have coparcenary/inheritance rights accept his son/daughter/wife.So accordingly seek the consultation from advocates for further clarification and resolution of the issues.

Q: False Property Claim Dispute by Relative.

I gave my sister-in-law ₹2.5 lakh in cash, which she repaid over 25 months via ₹10,000 cheques. Now, 15 years later, she claims the payments were for buying a property from me—one I never owned. The flat belongs to my brother and was only given to her during a financial crisis. She has filed a case in civil court, but most of the paperwork is in Gujarati, which I don’t understand, making it hard for me to respond properly. What can I do now?

Advocate Maharshi H Patel answered
Her claim needs to be contested in court after understanding the pleadings avered in the plaintiffs. You must have all the details of cash and cheques payments. You should file written statement rebutting each and every claim of her.

Q: negotiable instrument act, summon for dishonor of cheque personal loan

I received notice for summon, Criminal Case No. 209491/2024 (Section 138, NI Act) for dishonor of cheque (likely security cheque) and to appear before magistrate of 38th additional chief judicial magistrate, ahmedabad city court 35 on 31/5/25. can someone guide me on this or represent myself as i live in different city. I was unable to search this case online, if someone can share more details.

Advocate Maharshi H Patel answered
Whether cheque was issued towards discharge of legally enforceable debt or towards security, can only be opined after reading the relevant demand notice and supporting documents. You should appoint lawyer for better representation of your.

Q: Non handover of Bunglow in spite of full payment made through bank

I HAD PURCHASED FROM A SURAT BUILDER A VILLA IN HIS PROJECT AND HAD PAID THE WHOLE AMOUNT IN FULL. THE BUILDER HAS MADE THE PROPERTY DOCUMENT IN MY NAME BUT HE HASN'T COMPLETED THE CONSTRUCTION OF MY BUNGLOW. HE WAS NOT COVERED IN RERA ACT AT THAT TIME. WHAT LEGAL ACTIONS CAN BE TAKEN AGAINST HIM OTHER THAN LOCAL CONSUMER COURT CASE?

Advocate Maharshi H Patel answered
You can avail any remedy from the below mentioned details:1) Civil Suit for Specific Performance in Civil Court.2) In worst case you can file FIR for criminal breach of trust.By way of Civil Suit for specific performance of sale deed, the builder could be summoned by Court to perform the contractual obligation as per the terms mentioned in the Sale agreement/Agreement to sale.In case if builder is adamant to complete the construction work and denying to hand over the possession you can approach the local police making written complaint of breach of trust as you have already paid the consideration amount but builder is now refusing to handover the possession.

Q: Cheque bounce of tour & travel agency refund cheque is given but

Cheque amount is 47000 and part payment of Rs.1000 Received NI Act 38 attract and can I file a case

Advocate Maharshi H Patel answered
Yes. You can file criminal complaint under section 138 of NI Act by endorsing behind the cheque remaining amount of Rs 46000 as legally enforceable debt. Under section 138 holder in due course on dishonourment of cheque can issue demand notice to the accused person and if it is unpaid for 15 days on receipt of the said demand notice then within 30 days after the said 15 days payee can file criminal complaint under section 142 of NI Act.