Advocate Manish Phogat

Questions Answered by Advocate Manish Phogat

Q: How can mother give property to daughter in gift deed

Mother wants to give her property to her daughter in gift deed what is the procedure?

Advocate Manish Phogat answered
You can simply purchase a stamp paper according to the value of your property ( as per the circle rate ) and get it transferred through the concerned SDM office, with that you need two witnesses and few relevant papers.

Q: Cheque bounce due to closing of account

What is legal implication of closing the account willingly and then asking to present the cheque in bank?

Advocate Manish Phogat answered
As per section 138 of Negotiable Act It is an offence when willingly account is closed and then cheque is given to present in bank. I would be in better position to give you legal opinion if you further elaborate your query.

Q: Is it a safe option to get a Declaration Deed done

Hi. I am selling my built up builder floor in Delhi. We bought it on power of attorney (POA) in the name of my father. My parents passed away after sometime. Then my sister relinquished the property in my name through a registered Relinquishment Deed(RD). Now while selling my property i got to know that the khasra number in the first chain of the property is different than all other chains (including our POA and RD). The buyer off the property wants to get registry done while buying. Without rectification of khasra number registry cannot be done. My agent advised me to go for Rectification Deed or a Declaration Deed. As my sister cannot come here for another 1 year, we are getting a Declaration Deed done. My query is, is it a safe option to get a Declaration Deed done and can my property then be registered in the name of buyer after this Declaration Deed? If not, is there any other option available other than Rectification Deed?

Advocate Manish Phogat answered
There is a presence of lot of legal defaults in your case even RD is not valid.My advice is to you is that you get rectification deed and even amend the relinquishment deed.As the question of declaration deed there is no loss of yours as the buyer will face difficulty later stage when he wants to sell his property.I could advice you in depth if you show me papers.