Advocate Mohit Rajput

Questions Answered by Advocate Mohit Rajput (100+ answers)

Q: Terrace rights on disputed property

A house with ground floor, first floor and a barsati (approx 25% of whole ground area) in Sarvodaya Enclave is under dispute for ownership/partition. Ground Fl resident takes rent of barsati & claims-he has right over complete open terrace & has locked it. First floor owner are not able to use the terrace which is the part of the disputed property and not yet in name of anybody. Is there any Legal document showing that Barsati rent right does not give you the right over complete terrace.

Advocate Mohit Rajput answered
You are advised to provide complete information and facts of the case before any appropriate remedy. The ownership rights come with a legal document, if the person is getting that right through any documentation, you are advised to verify the same.

Q: Mother is claming maintenance from me

my mother asking for money even though she has home or husband and she is 50 year old now and she has done marriage again can she get money from me

Advocate Mohit Rajput answered
DearChildren are liable to maintain their parents and therefore parents can ask for maintenance. Rest depends on the facts and circumstances of your case. It is therefore advised to take legal consultation.

Q: Recieved complaint case no. 150509

I have received a complaint case no. From my loan lender company which is done in magistrate court kolkata and first appearance date is 13 Feb 2025 but I am unable to reach as I am I delhi and kolkata is very far from Delhi.They have initiated this case just to hareash me mentally.Please suggest me if I could not go their for apperance

Advocate Mohit Rajput answered
DearIn your query, You have mentioned that the case is filed before magistrate this means if you don't appear before the court then the court may issue an arrest warrant against you. It is advised to you to approach an Advocate with complete case information and documents of the case for proper guidance.

Q: Leakage ans sepage from top floor and access to tarrace

I am in 2nd floor of a DDA flat in vasant kunj. My top floor owner (3rd floor) is not repairing the leackages from her floor, and i have to do the repairs every 6 months spending Rs 6000 ~ 8000. I have requested her for the same for last 4 years but she is not listening to the same. Also she has locked the tarrace and doesn,t give the keys for maintinance of water tanks. She goes on holiday etc without giving the tarrace keys. Please suggest way out

Advocate Mohit Rajput answered
DearIn your case, The party on the third floor is doing civil wrong and therefore liable to provide compensation for your loss under the law of torts. So it is advised to you to give a complaint against the party on the third floor to the concerned authorities.

Q: Property Issue and family dispute

We were 4 members in family ( father, mother and two sons) I'm the youngest one. My dad transferred property to mother when he was alive.. later he died so my mother has all property on his name.. I don't to live with them and want 50% share so that I stay seprate.. what is the process and whether stamp duty is payable ?

Advocate Mohit Rajput answered
DearThere are various ways to transfer a property depending upon the type and area of the property. As you said that the concerned property is in the name of your mother, then one option is to make a gift deed and transfer the share in your name. For exact stamp duty and transfer charges you are advised to provide complete details and documents of the properties to be transferred.