Advocate Medha Banerjee

Questions Answered by Advocate Medha Banerjee

Q: Not able to execute Sale Deed as GPA on uncle's name

I need help in understanding how can we execute Sale Deed. My father purchased property through SA/GPA/WILL in 90's. WILL and SA are on my mother's name but my father made GPA on my uncle's name as we were living in joint family. Since past 10-15 years my uncle is creating so much chaos in home and threatening us to sell the property, but we don't want to sell it as we had spent our childhood here. We don't have family like relation anymore and now we want his family to be evicted from our home and want to register Sale Deed as well.He's GPA holder and is not willing to sign the document.So I need to know how can we execute Sale Deed on my Mother's name and evict him from home?Thank you so much in advance.

Advocate Medha Banerjee answered
Since the SA/Will is in your Mother's name your mother is the sole owner of the property even though the GPA is registered with the sub-registrar's office the GPA holder is not authorised to sell the property on the owners' behalf according to latest Supreme Court judgment.For a more detailed guidance please contact us with all relevant documents.

Q: What Needs to be done after wining a NIA Act 138( complainant)

Hi we, have won a Nia case complainant in fb 2020, due to lock down we were not able to make a (execution) sort of in the court, no we have demanded for the recovery from the court, Court has issued NBW against the accused and he has surrendered himself in the court had court has sent him 14 days imprisonment. what is to be done next.???

Advocate Medha Banerjee answered
The following information is required:1. The Court Order (NBW order)2. Have you filed for execution now?Without verification of documents legal situation is hard to judge. Kindly contact us for a more detailed instruction and guidance.

Q: Harassment At Work - Performance Improvement Plan

My performance in a given company has been good for the first 15 months. There was a supposedly anonymous feedback survey where I gave a negative feedback to my manager. My skip level manager has somehow come to know that I gave a poor review. He confronted me in his room about the negative rating. Ever since that moment, my manager has been very hostile to me. Manager has been writing negative reviews about my performance every month. This happened for 3 months following which I have been put into a performance improvement plan which I have to clear failing which I will be let go. I think they are using performance issues as a pretext whereas they are retaliating against me because I gave a negative rating. Moreover, they are purposely creating a hostile environment by nitpicking faults and passing critical remarks in everything I do, ignoring me in team meetings. I have recently been diagnosed with high BP which I think is because of the harassment. Do I have any legal remedy?

Advocate Medha Banerjee answered
First intimation of such issue should go to the HR. You need to submit your written grievance to the HR and wait for a solution by the HR. In case the HR is not responding then a proper complaint will do to the local police thereafter to the Labour Commissioner depending upon the situation and complaint.

Q: Wedding was planned for 14th April but got cancelled due to lockdown

Wedding was planned for 14th April but got cancelled due to Government lockdown because of pandemic Covid.Later in that month I did intimate married in just presence of my family members.Now I am asking Hotel to refund my money i.e approx 5 lakhs.It is clearly mentioned in contract that advance payment would be refunded in terms of government act,war and strike and god of act.Now Hotel is declining refund and asking the amount to redeem till coming june 2021. How is that possible to use such an huge amount without foreseeing any new functions in my family/friends.Could you please help me how do I talk to them to get full refund for my booking. We all understand that the current covid pandemic is once in a century years moment and we can not take this as a normal cancellation. Please advice me how do i get my booking amount back.I paid whole amount just few days before the lockdown.

Advocate Medha Banerjee answered
Hello!If the contract mentions a provision for refund due to act of govt or act of god then the advance amount is liable to be refunded. However for a detailed advice, all relevant documents need to perused.

Q: How to get stay on ancestral property to stop any deal on that.

How to get stay on property so that anybody cannot do construction or sell it..what will the total charges including court fees and advocate charges..

Advocate Medha Banerjee answered
to stop someone from constructing or selling a property you will need Court injunction order by filing a suit but their should be prima facie case or immediate apprehension of loss or threat to property in question. to be able to assist you better we need the facts and circumstances of the case for which a detailed discussion is required.