Advocate Pradeep Kumar Bharadwaj

Questions Answered by Advocate Pradeep Kumar Bharadwaj

Q: Clarification regarding registration of any property get from decree

Does Decree passed by a court after mediation , when it involves transfer of title of a property from Defendant to Plaintiff , would need Registration ? If yes would StampDuty be applicable .

Advocate Pradeep Kumar Bharadwaj answered
Court decree in the suit involves an Order on the Defendant to transfer the title of the property to Plaintiff in your said case. If the Defendant fails to comply with the said Decree, then the Plaintiff should get it executed through Court. In any event, such a Decree as in your query absolves the Plaintiff to pay any consideration to the Defendant but however, the PLAINTIFF should pay the requisite Registration Fee and Stamp Duty as prescribed and applicable to any other such transfer. Yes the Plaintiff has to pay the Registration Fee and Stamp Duty unless the Decree has mandated any other modality or the procedure of execution of such a Decree.

Q: Legal procedure to recover advance money from real estate firm

I paid a real estate firm total 9 lakhs as advance for booking a flat but now they are not refunding or giving any flat , so need to recover my paid amount. Plz advise which case can help me

Advocate Pradeep Kumar Bharadwaj answered
Was there any Sale Agreement for the payment of said 9 lakhs? How much was total sale consideration? What is the reason for refund claim? Was there any breach of promise from the said Real Estate person? Answers to the above question determines several options to resolve your concern. Depending upon the reasons for breach of contract and failure to repay, you can accordingly file a Recovery Case in Civil Court, Damages Case for deficiency of service in Consumer Court and Cheating Case in Criminal Court.

Q: Procedure for divorce by mutual consent after 15 days of marriage.

I have been married recently in past 15 days.can we file divorce by mutual consent now and get separated. Please let me know procedure for same.

Advocate Pradeep Kumar Bharadwaj answered
Are you Hindus and are you married through Hindu rituals, or had you got your marriage performed by Registration in the jurisdictional Sub Registrar Office. If Hindus, your marriage is governed by the Hindu Marriage Act, wherein you shall not be entitled to apply for Divorce by any means including by Mutual Consent until the completion of 1 year of marriage. However, under exceptional circumstances of failure in fulfilling the marital obligation, the parties to such a marriage can file an application to the Jurisdictional Family Court seeking exemption of said 1 year period for filing a Divorce case before said 1 year of marriage.

Q: Legal procedure to recover money from borrower

Borrower is govt employee and owns home on loan as well. Borrower took money from me for personal commitments and failed to repay. Which evidence can make lender more stronger to recover money from borrower. the primitive thoughts are promissory note is that enough??

Advocate Pradeep Kumar Bharadwaj answered
Promissory note is definitely a valid document but may not be Enough unless the facts are self evident wherein you bring out his said liability due to you very clearly. It would be handy if you could demonstrate the lending of money through either of your Bank Statements or by Statements of any other eye witnesses. If you had obtained any post dated Cheque/s or had entered into any Agreement, such documents will definitely make your case more stronger with more evidences.

Q: Married woman conspired to grab money and now threatening

A women  who was married and with the cooperation of her husband had a physical relation with other person promising him that she never leave him and she love him very much and grebe all his harden earned money and made him that he cannot leave without her. But now she had cheated him and the person is facing great problems mentally and financially. if questioning her about the fraudulent act she had threatened him stating that he cannot do anything and she will file a false complaint against him for an offence of attempt to rape and life threatening. Is there is any remedy? please advise.

Advocate Pradeep Kumar Bharadwaj answered
Sir firstly stop further physical intimacy with the said married woman as it is anyways a Crime of Adultery. Being under such an illegitimate relationship, God-forbid, if tomorrow she ends up filing a complaint against you making above said allegations, it shall be a big hurdle and Crime alleged upon you unless you are successful by every possible means in proving her consent and also the consent of her husband for such a relationship. Such proof if any should be indisputable and proved beyond every possible doubts. Gathering proof is another big hurdle in such cases. Women / wives get more immunity in such cases than Men / Husbands as Law presumes that Women at large could be more innocent and susceptible to Men and their inducement. At this point of time, it would be wise to drag things without getting into further such relationship. Do not irritate that woman and on the flip side, be clever in gaining more and more time so that her evidences if any becomes weak and delayed.