Advocate Mohit Sablok

Questions Answered by Advocate Mohit Sablok

Q: Other party file a case in civil court

Shall I ask for a stay on land if other party file a file in civil court before?

Advocate Mohit Sablok answered
thanks for your query yes you must immediately file for stay so that the status quo of the land in question is maintained. Meanwhile the Civil case will keep on running until a decision is reached. however there are other options available for you to go in these matters which depends upon the details of your case but yes definitely going for a stay is is an important interim remedy if you want to fight a property case

Q: Possession of land property for 80yrs

We were given as share of land property some 80 yrs.ago, today someone third person claimed that some part of that belongs to him. He never asked for 80yrs. Kindly suggest legal position

Advocate Mohit Sablok answered
legal position can be checked by going through the ownership documents only. the legal status and possession cannot be claimed by any third party without documentary proof etc. hence if you may show the relevant documents of your ownership and the third party claims of having a share only then we can give an exact position.

Q: Virtual space in World trade centre, Yamuna expressway

I bought a virtual space in WTC Noida, in 2013, was supposed to complete project in 3 years but did in 6 years, as per agreement I was supposed to get 10% annual return on my investment, monthly basis, which WTC followed.now at time of last and final payment, WTC is asking to pay for parking charges (>4 lac INR), which I did not opted in beginning and is very clearly part of agreement, but he is insisting on that I am assuming will create problems if I did not pay.I want to know what should be my stand on this.Regards,Dhiraj

Advocate Mohit Sablok answered
I would need to go through the contents of your allotment agreement as in commercial complex sometimes they make 1 car parking a mandatory option but legally you cannot be forced to pay for car parking charges if you dont wish to opt for it and also some rulings have come where 1 car parking is to be provided by builder. so I would need to go through the documents to give a clear picture to youthanks

Q: Received a letter from KOTAK of section 138 negotiable instruments

I have taken perosnal loan and due to some financial issues i was not able to pay from last 5 months and today i got letter at home of section 138 negotiable instrument act 1881 from KOTAK mahindra bank. Please advise and let me know can bank take cheque as security and can they apply cheque bounce case on perosnal loan issues?

Advocate Mohit Sablok answered
sir this matter is disputed in many recent judgements but primarily banks can sue under 138 for cheque bounce and simultaneously under debt recovery as well. however, definately the cheques are taken for a security for payment of EMI but it also leads to admitting a debt to be repaid by you.

Q: My Father Stop The Payment Now What We Do For Our Defense

My father stop the payment now what we do for our defense because jis ishaan ko humha payment kari thi usna humha threats kiya tha

Advocate Mohit Sablok answered
sir if you stop the cheque payment then somehow you are liable to be charged under the relevant provision of law as issuing cheque to someone primarily means you are admitting a debt. however, you may be able to prove that it was signed by threatening you by the other party and so on