Advocate Manu Tripurari

Questions Answered by Advocate Manu Tripurari (50+ answers)

Q: How can I sell a joint property if the other partner doesn't want to sell it?

Sir, I have a leasehold commercial property jointly owned by my brother and me in central Delhi. I want to sell the property due to financial constraints, but my brother is not willing to sell. What should I do in this situation, as I urgently need the funds for my survival? Specifically, can a joint property be sold off without taking the consent of the other owner? Can a jointly owned property be sold by one owner? Kindly help me.

Advocate Manu Tripurari answered
You can file a partition suit and after declaration of title you can sell your part of the commercial property. This would depend on the nature of property as well. A co-owner is usually free to transfer his property interest. Essentially, when a co-owner sells his own interest, the buyer becomes a new co-owner, and tenancy in common continues.

Q: What is the right time to hand over xerox copies of property documents? Specifically, can a xerox of

Hi, I have a property in Delhi that I agreed to sell last week. Without signing any agreement, the potential buyer gave me Rs. 1 lakh as token money and is now demanding xerox copies (marked crossed) of the property, as he wants to make a Bayana. I want to know if it is legally right to hand over the documents or if I should refuse and tell him that we won't hand over anything until the Bayana is signed and we receive at least 10% of the total sum as insurance. Can xerox of the sale deed be misused? If a xerox of property papers is given to a broker, is there any problem? Please guide me through this process.

Advocate Manu Tripurari answered
There is no harm per say in handing over the xerox copies of the property as that does not mean anything. You have not executed any agreement to sell or any other property. The xerox is probably being demanded for knowing the details of the property. You can give the complete details of the property independently including dimensions, place, khasra, khatra, adjacent properties, roads, other details, etc. Also have the option to execute an agreement to sell whereby you obtain 10% of the sale price as consideration, which would legally reserve the right of both parties.

Q: How to file a complaint against an army officer in india ?

I am a army soldier. Medical category S3 Problem torched by Senior in Admin Want to make an appeal in tribunal court, Where to file a harassment case complaint against army officer, he is a senior in army

Advocate Manu Tripurari answered
You can make an appeal, it is your right. S-H-A-P-E is the medical categorization for determining physical/medical fitness for the purpose of serving in the armed forces. S3 in any factor indicates a temporary LMC (Low Medical Category). But before going to the Armed Forces Tribunal you will have to challenge it before the Medical Board/ Review Medical Board. They will review your condition and in case you are not satisfied with their decision you can challenge it before the Tribunal.

Q: What are daughters right in her father property

Mere case me ek gharua bantwara chacha or Bhai ke bich 1965 me Kiya gya. Par Jo samptti hamare pita ke Kure me aai uska bantwara nahi ho saka. 2005 ke kanoon me ya supreme court se koi labh nahi mila. Ladkio ke liy sabhi conditions hai par ye condition galat hai.mene partition ko chalange nahi Kiya but apne father ke Kure me aane wali samptti me partition demand Kiya. Is matter me supreme court se kese apni bat rakhi jay. Is matter me kya Kiya ja Sakta hai. Plz anyone give suggestions.

Advocate Manu Tripurari answered
Post 2005, daughters are treated as coparcenor and have equal right in ancestral property. You are eligible to get your share in the partition and the only way out is that your sisters may execute a reliquishment deed in your favour. For further advice you should elaborate your query.

Q: advance and part payment cheque bounced

I had sold a property for 1.10cr. The buyer has given me 4 lac cash and two cheque of Rs 2.5L each as advance and part payment at the time of handing over property paper copy and signing unregistered seller agreement on Rs 50 stamp paper. On presenting the first cheque, it has been bounced (reason: stopped payment), second Rs 2.5L cheque has not been presented. The agreement doesn't state forfeiture of amount. The agreement says, the party can get the agreement enforced by the court. 1.) does the deal stands canceled? 2.) can i forfeit the amount received ? 3.) can i sell the property to someone else ?

Advocate Manu Tripurari answered
As per the requirements of negotiable instruments act you are supposed to give a 15 days notice after which the party will get a chance to clear the cheque or make alternative payment. If he fails, you can forfeit the amount received and also go on to sell the property to someone else. You should also get the agreement to sell registered in future as it's registration is mandatory.