Advocate Pradeep Naik

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Questions Answered by Advocate Pradeep Naik

Q: Importance of unregistred notary gift deed and it's evidence use

I have notary gift deed between blood relation it is not registred sir what is its importance sir can I use it in evidance in court Sir can doner gift property second time which is alredy gifted by unregistred gift deed

Advocate Pradeep Naik answered
Assuming that the question is about immovable property, the gift deed had to be registered to pass a valid title. However the unregistered gift deed can be used in evidence to prove a collateral transaction not required by law to be registered, or it can be used by the donee to support his possession. As the previous unregistered gift deed did not pass a valid title to the donee, it can be gifted for the second time, but it will depend upon certain factors, such as who is in the possession of property and for how long?

Q: Criminal case u/s 420,467,468,471,and 120 B

I had been arrested on the memo of 27 statement by main accused u/s 420,467,468,471,and 120 B. While trial ,main accused denied his above statement ,witnesses have hostiled. I O has given statement regarding Seizing articles that not related with the case .No circumstantial evidence .In final statement what I have to do ?

Advocate Pradeep Naik answered
As you are the accused in the case, you have no need to be give your statement as a witness. In the last formal statement you may deny all the charges and prosecution story against you. Your statements will be taken under s. 313 CrPC in the form of questionnaire.

Q: Builder is not willing to register society

Dear Expert, Our builder not co-operating in registering society and handing over it to residents. How to proceed further? Please help.

Advocate Pradeep Naik answered
First a legal notice should be issued to the builder asking him to co operate in registering the residents society and handing over the management to the residents. If the builder doesn't comply with the notice the residents may file a case against the builder before RERA or before the District Consumer Forum.

Q: How to get compensation for the land government acquired from me

Part of shop in biyabani was demolished by muncipal corporation to widen the road, but they did not give any compensation for it

Advocate Pradeep Naik answered
If your construction was illegal then you are not entitled to any compensation otherwise you may claim compensation according to the law. Have they given any personal notice or public notice in local newspaper?

Q: Inheritance of property according to muslim law .

have a very specific question to ask regarding the inheritance in islam. Mother has made a will before she died she had 3 childrens 2 daughters and 1 son but she has made the will for 100% property on the name of only one daughter as she was not married.so will other children have any right on the property (specifically when the property is going to be sold soon).

Advocate Pradeep Naik answered
Firstly whether the mother owned the whole property in her name? Even if that was the case according to Muslim law she couldn't not have made the will of more than 1/3 share of property. So on this ground other children may file a case for declaration of the will to be void. And the property (except 1/3) will be divided among remaining children according to the Muslim law, i.e. the brother will get double the share of the sister.