Advocate Manoj Kumar Pandey

Questions Answered by Advocate Manoj Kumar Pandey

Q: Cheque dishonour due to stop payment

Hi Cheque issued for 50k( beyond registry amount) against property purchased with condition that drawer needs to inform before depositing. Seller deposited the cheque without notice which got dishonoured as payment was stopped by the drawer as certain property document not submitted by the seller\nRegistry of the property has been completed but property document is pending to be submitted.\nWhat action can a purchaser take to defend. No case filed yet.

Advocate Manoj Kumar Pandey answered
dear client you should give legal notice to the seller raising your concern regarding property documents and cheque in question and terms of enforceable ty . its very important otherwise he can make you liable to pay the cheque amount

Q: Nominee in a bank account of my deceased father

Me and my sister are two legal heirs after my father's death. He died interstate on 30th April 2021 leaving no will. I am also nominee in his bank account. My sister has filed case for partition in the High Court of Delhi and the Court has granted status quo on all the properties belonging to my deceased father including the bank account where I am the nominee. The bank has asked me as a nominee to get the funds deposited in his account to my account by providing the death certificate of my father.My question is that being a nominee, can I take the money lying in my deceased father's account and will it amount to contempt of Court if I do so (Bank does not have any issue in transferring the money lying in my deceased father account)

Advocate Manoj Kumar Pandey answered
first you show the bank stay order of the high court and after going through the order if bank said that it has no problem to transfer money thenyou can do it. Otherwise as per rule stay order must be honoured by every one.

Q: Wife is living in her father's house since December 2021. My age is 46, my only daughter is 3 yrs 10

Wife is living in her father's house since December 2021. My age is 46, my only daughter is 3 yrs 10 months old.

Advocate Manoj Kumar Pandey answered
if you want to bring back your wife home the you should file application for restitution of congugal rights otherwise you can file divorce petition to get freedom from this marriage and be able to think about further options to bring up your child.

Q: Property of mother and need some advice

Property in my mothers name . nWe are 2 brothers now . 1 brother is expired he has son who is around 15 years old nAnd I’m the son living with my parents nMy mother has a self acquired property which she bought in her name nAnd now she is 70+ my mother wants to give all rights to me nWhat can I do now to take safety nSo that no other person can claim the property

Advocate Manoj Kumar Pandey answered
either your mother make a will in your favoue or execute a sale deed in your favour. Execution of sale deed is the best way to transfer the property to any person. your mother can transfer the property in your favour by above said ways.

Q: Inheriting property without knowing who the other shareholders are

I have found some properties in my grandfather's name. He died over a 100 years ago. I was born and have always lived outside India. nnI can only prove my relationship with my father and grandfather. I do not know who the other shareholders are. nnCan I get my share of the properties transferred to me without knowing who the other shareholders are?

Advocate Manoj Kumar Pandey answered
if you are able to identify the property then you can file a case for succession and declaration of the property in your favour. it is the duty of court to assertain the other legal heir on your application. but you must have to prove your inheritance right over the said property.