Advocate Mohit Gupta

Questions Answered by Advocate Mohit Gupta

Q: Can husband sell property without wife consent in india ?

A married muslim couple jointly and equally shared money for purchase of land and construction of house. The husband has got the property registered in his own name. The family lives in the house. can husband sell property without wife consent or consultation of wife who also shared equally? She has no registered document in her name neither any proof that she gave the money as the bank account of wife was handled by husband and Muslim family being a patriarchal, husband controls everything. What remedy does she have to stop the sale of property in which she lives and has invested?

Advocate Mohit Gupta answered
HelloPlease tell the source from were wife earned money whether she does any job or money she get in her marriage. You have to seek injunction against the sale of property or you can file complaint under domestic violence act and seek residential right in that property when you can get residential right he can't sell property and even you can file suit for prior purchase and get stay on sale of property. If you have minor children then you can file suit on behalf of them by claim that share. Rest it's complicated can be discussed after meeting.

Q: If son cheated father, then can a registered sale deed be challenged ?

Sir sale deed between father and son can a sale deed be challenged if he cheeted his father and if sale deed is for plot and not the buildings upon it then he is the owner of buildings also or not place

Advocate Mohit Gupta answered
HelloIf there is cheating then the sale deed can be challanged. It doesn't matter that the parties are in relationship I.e father and son or any other relationship. If there is cheating you can file criminal complaint as well as suit for declaration to declare taht sale deed null and void. If in sale deed it is mention that there is plot and their is building on it then even the vendee get the absolute right over building as the contents of sale deed are known to both the parties and they have signed that.

Q: Accident case....Can we get bail in 304 ,201,

Our friend is in police custody for accident in which the victim died due to injuries .Now police has charged him with 304, 201 . Can he get bail please help.

Advocate Mohit Gupta answered
yes in this bail application can be filed and he can get bail easily through court if police is not releasing him. so for getting bail through court you can approach us and we will seek his bail through court

Q: Forcefully threatening marriage

I'm from Srinagar I had a relationship with a Srinagar girl and I had promised her for marriage but I did breakup she is mentally ill but she don't want to leave me and Threatening for suicide, harrasing, abusing my family, pelting stones on us,raising hand on m... I had some photos with her so she is blackmailing with that...she went to police and forcefully wanted to do marriage and I don't want to...so police made sign on application of engagement papers with her so I did engagement but my life is hell...she is making me puppet and (putting false allegations on me of rape too ) that if I won't marry her she will put rape case?is this a law where noone is helping me out I'm tired of my life my family crying she is torturing me a lot...I want to marry some other girl she is waiting for me what should I do

Advocate Mohit Gupta answered
in this u have to file a case of harassment against her but first you must tell us from how many years you are in relationship and what sort of photographs she have. whether you have make any commitment for marriage in any chat or by any means.

Q: Sellaer ko tax phir se bharna padega kya

Sir, mujhe apni ek problem discuss karni hai as no suitable person available better than YOU as i am in bangalore in air force duty.Baat esi hai ki MERE FATHER NE JAMMU ME POWER OF ATTRONEY EK PLOT KI LHI JO COURT SE REGISTRED HAI 2018 ME.THAT TIME PATWARIS KI STRIKE TEH JO MERE NAAM REGISTRED NHI HO PAY ISILIYE UNHONE APNE NAAM POWER OF ATTRONEY LE LI.PURA PAISA BHI DE DIYA.AB THANDI KHUI SATSANG GHAR KE GATE KE SAMNE SEWA KE TIME 11 MARCH KO UNKA ROAD ACCIDENT HO GYA THA.AB HUM USS PARTY KO BOL RAHE HAI REGISTRY KARWANE KE LIYE, PATWARI SE FARD BHI HAMNE KATWA LIYA JO MERI WIFE KE NAAM KARNI HAI.USS TIME POWER OF ATTRONEY KE TIME EK SALE AGGREEMENT BHI BANAYA THA HAMNE JO MERI YA MERI WIFE OR BOTH KE NAAM LAND REGISTRY KE LIYE.UNKA CHARTERED ACCOUNTANT BOL RHA HAI ENKO FIR SE TAX LAGEGA.TAX KE PAISE HAME DENE KE LIYE BOL RAHE HAI.DUSRI TARAF EK DUSRA CA BOL RHA HAI.NHI DENE PADEGE.AB ME FAS GYA HU.KYA SAHI HAI KYA GALAT.THAT IS WHY I AM SEEKING YOUR HELP..WHAT IS RIGHT.

Advocate Mohit Gupta answered
There is no need to file tax again as land is not registered and sale agreement is also a conditional document .you can deposit the sale deed in court and get it registered as far is issued now and it is valid for 30 days only