Advocate Pooja P

Questions Answered by Advocate Pooja P

Q: Regarding daughter's claim on father's property without WILL.

I am from Hindu family, I am the the eldest daughter and i have two siblings one sister and a brother.My father has a individual house currently occupied by my brother and sisters family. They are not ready to give my share in the property . They are occupying the house and not paying me any rent nor accepting to demolish the existing house and build three houses so that each can have their share.I have already filed a civil case . Is there any way to evict the occupants when the case is in court or can i collect rent for my share. Also my siblings are doing modifications in the house for their benefit, can i get a stay for any modification to be done.

Advocate Pooja P answered
During the pendency of the suit you can file interim application restraining them from dealing with the suit property in any way; further with respect to the rent you can file separate application in the suit seeking for deposit of the entire rent amount in the court till the disposal of the case because your right over the property is still not determined by the court.

Q: Legal procedure when cheque bounce case is filed.

A business partner offered to help me with monies and drew a cheque which was dishonoured by the bank for insufficient funds then is it an offence under section 138 of NI Act,1881

Advocate Pooja P answered
As per S.138 of NI Act, demand/legal notice should be send within 30 days from the date of intimation from the bank regarding the dishonour of cheque. On receipt of the demand notice by the accused. 15 days time to be given for repayment of cheque amount. If the cheque amount is not repaid even after 15 days time, Criminal Complaint has to be filed before the appropriate jurisdictional Magistrate within 30 days from the expiry of the earlier said 15 days.

Q: What documentation is to be done when I am purchasing a land

I am planning to buy a land in south india. Current land owner is requesting 50% advance a month before land registration process. What is the process to secure this transaction? A signed agreement in stamp paper is valid ?

Advocate Pooja P answered
It is advisable to enter into a Sale Agreement with the buyer setting forth the terms and conditions of the sale. Please note that the agreement for sale is compulsorily required to be registered as per Section 17 of the Registration Act. Registration of Sale Agreement attracts payment of Stamp duty and Registration Fee. Also note that if you decide not to register the sale agreement, it will not have any evidential value. However, a unregistered sale agreement will be taken as a evidence of contract in specific performance suit as per Section 49 of the Registration Act.