Advocate Nidhi Bafna

Questions Answered by Advocate Nidhi Bafna

Q: Can a restaurant sell a product above the MRP price ?

Is it possible for restaurants to sell cool drink like Pepsi above MRP rate at any circumstance? If anyone does like that what can I do to get it in MRP price other than go to some other shops. Where can I complain about that. What all details I should collect for evidence?

Advocate Nidhi Bafna answered
Yes restaurants can sell beverages at a higher price in view of the recent judgment by the Supreme Court excluding bottled beverages from the purview of legal metrology act. However if it is just a shop selling these items, then you can collect a bill from the owner to prove your claim.

Q: Changed my name after registering my property with my old name

I have my house registered in my old name and would like to know how can I change it to new name?

Advocate Nidhi Bafna answered
You will have to follow the process of name change, i.e., prepare an affidavit, paper publication and issue in official Gazette and then submit it to the concerned department to reflect the name change in the document as well.

Q: Case filed against Karvy but advocate for builder did not appear court

Filed a case against Karvy and their client (builder). Current status is “Version”. Advocate for only Karvy came to court during previous hearing and advocate for builder (Karvy client) not appreared. What will happen in next stage? What happens if court decides no violation of agreement terms by Karvy but their client violated terms of agreement and no presence of advocate from Karvy client.

Advocate Nidhi Bafna answered
Even if the builder does not appear the case will be decided on merits, depending on the evidence lead by you and whatever evidence is submitted by Karvy. If the court were to find that there is no violation, then you can prefer an appeal against the order before the State Commission / National Forum.

Q: Is Power of Attorney used for a specific thing ?

My brother bought a land in my name to avoid taxes & had made a power of attorney in his name around 15 years back, when I was around 18 age. At That time I had signed the power of attorney without seeing anything. After couple of years he sold that land & I became NRI at the age of 23. At present I am 33. Few days back he had called me, telling that there is land in my name (which I was not aware of since 10 years and came as shock), and he told it needs a new power of attorney, since the govt. rules have been changed. Since then I have become paranoid about this issue. I am also concerned about my heritage (not yet sorted out) left by our parents. It seems to me that previous power of attorney done by my brother, which had full control over my share in heritage and my own properties! Also my brother had taken my aadhar & passport copy few months back, before mentioning this issue. Is a power of attorney done to one specific deal or its general (can be used for anything)?

Advocate Nidhi Bafna answered
There are two types of Power of Attorney:General and Special. Under the General Power of Attorney the powers are wide and relates to every transaction flowing from a particular right to administer the property on your behalf.But under Special Power of Attorney the power is restricted to certain transactions or property.

Q: What is the procedure to divide the property after fathers death

My father died in the year 2009 without leaving a will.He has 55 cents of agricultural land including house.we are three children all got married. Please suggest me what is the procedure for partition

Advocate Nidhi Bafna answered
You will have to partition it equally among the three of you. It doesn't matter that you are married. Also, the ratio will change if you're mother is also one of the heirs. Further information is required to ascertain the exact partition share.