Advocate JWO Prashant Kaushik (Retd)

Questions Answered by Advocate JWO Prashant Kaushik (Retd)

Q: Rimzim shop Customer Care Whatsapp number 889-3249-2O7

Rimzim shop Customer Care Whatsapp number 889-3249-2O7

Advocate JWO Prashant Kaushik (Retd) answered
To get the proper resolution of your query mention your concern first. Only after a detailed query projection, you will be able to get a perfect solution. So please elaborate your concern in detail. It is mandatory to have your Land documents handy to seek any legal advice for your land or property.

Q: Transfer from Brother in Law to Myself

My Brother in Law (BIL) have a society flat in Delhi which is freehold & registered with sub registrar office. Can he gift this to me? What are the tax implications? What will be the value considered for Gift? DDA circle rate is apex 90000/-INR PSM & Flat is @98 Mtr How to go about it? No monitory transection in property, only government fees

Advocate JWO Prashant Kaushik (Retd) answered
if your Brother in Law himself has purchased this society flat in Delhi which is freehold and fully registered with Sub Registrar office. Then he is very well competent to transfer this Flat as a Gift Deed in your favour.

Q: Illegal encroachment to install gate on stair

Live in a builder floor and third floor which have roof right install a gate in stair just up to second fllor stair and we enable to go on roof for check water tank or other things gave multiple compain in police station but thry told we have not right to remove gate suggest me legal process to remove his gate from common area

Advocate JWO Prashant Kaushik (Retd) answered
Even where exclusive roof rights belong to the third-floor owner, the other owners can retain a limited right of access to reach their water tanks for inspection, cleaning, repair, replacement, etc. Delhi courts have recognised precisely this distinction. The Delhi High Court's decision in Rajender Jaina v. Sanjay Aggarwal is particularly useful.There are several more decisions of courts which says that where there is the staircase/common entrance is available for access, putting a door/iron gate and locking it to prevent access is not justified.

Q: 100% disability medically boarded out but no pension

Joined IAF in 1988, medically boarded out with 100% disability and pension denied after appealed in 1994. Diagnosis was sensory neural deficiency of hearing problem. Did not approve pension when medically boarded out in 1993. Can anyone help me. Siba Mohanty

Advocate JWO Prashant Kaushik (Retd) answered
As your disability seems to be Not Attributable and Not Aggravated to the service, that's why you disability Pension claim might have been rejected by Department. However, there are certain judgements where you are also eligible for disability Pension alongwith service elements.