Advocate Monica Manchanda

Questions Answered by Advocate Monica Manchanda

Q: Gift deed registration of immovable property

If I wish to make a gift deed and immovable property let say is situated in Maharashtra and I reside in Madhya Pradesh .. where can I register my gift deed ?? MP or Maharashtra ??

Advocate Monica Manchanda answered
hi there. if the title and interest in the property is being transferred then the registration of the document vide which the transfer is taking place has to be by the sub-registrar of the jurisdiction where the property is situated. in case you need help, please contact

Q: Landlord refusing to return security deposit money how to recover

My flat had many problems that were not disclosed prior to shifting. Lease is of 11 months but I am shifting after 3 months only. Rent agreement says to terminate the contract, 30 days prior to leaving, tenant should give notice and deposit will be returned minus any damages. My landlord is refusing to accept this and not returning the Money, it's two months rent. What should I do and who should I approach for help?

Advocate Monica Manchanda answered
Hi there,You need to deposit the rent in the court by filing an application and once your notice period is complete u can file a case for recovery of security amount. or in teh alternative you may skip paying for the rent you staying and adjust your security amount against the same. Rest we can talk and discuss the further action. Thanks

Q: Right to claim share in the property of maternal grandmother

My mother got the property from her mother and my mother died do I get any share in accentral property of my mother?

Advocate Monica Manchanda answered
hi there.First of all the property which has been given by your maternal grandmother to your mother cannot be termed to be an ancestral property. Ancestral property is always from the paternal side in which you would have the share.now coming to this property, if you have your father is alive then the property shall devolve first upon him and also you need to be clear whether there is any Will by your mother or she died inestate (your query is silent about the same).if there is no other legal heir of your mother then you may file a succession certificate and transfer that property is your name.

Q: Who can be a witness in a case

Sir or Mam, I want to apply for obc certificate. I have no obc certificate of family member but proof of residence of family since 1993.when I go to sdm office they told me to show two witnes in their office.what type of witnes is required for proof.will any person above 18yrs age eligible for witness? Pls help

Advocate Monica Manchanda answered
Hi there, Take your neighbours as your witness as they would know you and can testify later if required ever that they know your residence and be a proof of your residence. they would need to carry their id proofs. for any further information/clarification please get in touch.

Q: What to do when cheques given have insufficient balance

MY COMPANY HAS EXTENDED A LOAN TO A PVT. LTD. BUILDER COMPANY FOR A PERIOD OF 6 MONTHS ON A MONTHLY INTEREST PAYMENT. FURTHER, THE LOAN WAS EXTENDED ON MUTUAL WRITTEN CONSENT. NOW, THE LOAN PERIOD HAS EXPIRED AND I AM DEMANDING MY LOAN AND THE BUILDER IS REFUSING PAYMENT. I HAVE CHEQUES GIVEN BY HIM BUT NO BALANCE IN THOSE ACCOUNTS. WHAT SHOULD I DO?

Advocate Monica Manchanda answered
Hi there,Present the cheque and get it dishonoured and file a criminal complaint under section 138 of Negotiable Instruments Act. Even if the cheque is towards the security, the Supreme Court has held that the dishonour of a post-dated cheque given for repayment of loan installment, which is also described as “security” in the loan agreement, is covered by Section 138 of the Negotiable Instruments Act, 1881.You shall be covered under the said provision of law.for further clarification please feel free to contact.Thanks