Advocate Piyush Sharma

Questions Answered by Advocate Piyush Sharma

Q: Can a daughter claim rights in her deceased father's property

My grandfather died in 2004.. They had made a will.. Usme unhone apni beti ko kahi describe nhi kiya. Will ancestral property ki banayi thi.. Ab unki beti apna right maang rhi h property mein. Unki shadi ko 26 saal ho gye h..kya unka right h ab property mein.. I m Hindu.

Advocate Piyush Sharma answered
The women did not have right in the property from the very inception of the act. It was Incorporated subsequently by amendment in Hindu Succession Act. You are requested to check in which year the amendment came into force. I am not sure but it was in year 2005. There are various other issues for which you should consult counsel.

Q: Reopening a shop already sealed by government caught for illegal work

I have a shop.I rent the shop to a female doctor. She started the clinic there. After some years she was caught doing illegal work(check the gender of baby). The government sealed his clinic.Some months later, she died from a heart attack. Since then, our shop is closed due to the government seal the being engaged. Can we open the shop without the permission of the government?

Advocate Piyush Sharma answered
No you should not open the shop without permission as this will result into violation of law. Instead you should draft a proper legal representation and submit it to appropriate authority so that is could be open in due process

Q: What to do if the candidature is rejected due to no NOC given

respected sir/maam currently i am working in a psu and i applied for job in another psu and selected at the time of document verification (10.02.2018) i fail to submit NOC from my current employer because of i am currently under probation and i submit a letter containing noc is not provided by employer during under probation and after that i accord special approval from my director and i granted NOC ON 15.02.2018 and same is submitted by me on 15.02.2018 through mail and 16.02.2018 in original. My candidature is reject due to non submission of NOC. Kindly suggest me What to do in situation

Advocate Piyush Sharma answered
In this situation you should file a writ petition in High Court and first get a stay from High Court otherwise whole purpose will be defeated. Please also do not delay the matter as it has a great consequences to you.

Q: Completion certificate on registration of flat required

Hi i booked a flat in Faridabad sector 49. Builder is developing society based on the plotwise construction when we asked CC before registry he said to us that it will take time to provide CC as it will come for all the plots in a single go and asking for registry without providing completion certificate. is it the correct way to register property ?

Advocate Piyush Sharma answered
No. It is not a right way. No registration is possible without CC/OC. Therefore there is a possibility that there might be some deviations from the sanction plans. You may also ask for sanction plans also.

Q: Procedure to cancel apartment booking with builder

I booked an apartment in Godrej 101, Gurgaon two year ago. I have signed the apartment buyer’s agreement and already paid 80% cost of property. I now wish to cancel the booking. Godrej have provided the cancellation quote in which they are charging penalty of 20% cost of property + GTS of 20% cost of property + all taxes paid till date. I have read the apartment buyers agreement in detail and cannot find any clause related to “cancellation of booking by buyer”. The only clause mentioned is in the event of default of payment by the buyer, the builder will terminate the agreement and charge 20% cost of property. My question is – as no clause of “cancellation of booking by buyer” is mentioned, Godrej should not charge any cancellation fee (except taxes) or can Godrej charge 20% cost of property? I have not defaulted on any payments till date.

Advocate Piyush Sharma answered
This is wrong. Please inform whether the project is registeredwith RERA or not. The next course of action will depend upon the status of the project. Accurate opinion is only possible after looking into all facts of the case.