Advocate Prashant Kumar

Questions Answered by Advocate Prashant Kumar

Q: properties froud by developers

DEAR TEAM I MD INTEKHAB(NRI) I WAS BOOKED FLATS FEBRUARY2018.I PAID BOOKING AMOUNT 2.6L THROUGH BANK.WHEN I SEE NOT STARTED CONTRACTION WORK. I WAS CANCELLED BOOKING AND ASKING REFUND AMOUNT.NOW MORE THAN ONE YEAR HE DIDN'T REFUND MY AMOUNT AND HE SAID I DON'T HAVE MONEY.WHAT TO DO

Advocate Prashant Kumar answered
You can lodge complaint with RERA in the state where the flat you bought against the builder and his construction company. Here you can get your paid money with legal compensation. Further if you wish to penalising and put behind bar , then you should file complaint with the concerned police.

Q: how to get sanha number from police station

sir i have lost my Betch 4th year original marksheet, i have registered sanha in bihar police station mohania but they have not given sanha number. sanha paper and sanha number is required to reissue my mark-sheet from university.

Advocate Prashant Kumar answered
You may request stating your need , but in case they refuse...you can get it making applications/ representation with the higher official...at last High court is there to resolve it through issuing writs .

Q: Query Related To Ancestral Land Issue in Patna

We are one brother and one sister. We have ancestral land of 70 acres , of which 40 acres is in my name and 30 acres is in my father's name. Does my sister has any right in the property which is in my name? I have been paying the land receipts for last 20 years.

Advocate Prashant Kumar answered
If you say that all land comes from ancestor but you hold 40 acres in your name...it clears the situation that rest 30 acre in your father's name shall go directly to your sister, further she may demand additional 5 acre from your side and in your name ..adverse possession rule shall not apply in your case. If she files title suit in proper civil court then she will get , what she deserves. Cardinal rule is that one can not wash our title and owner ship by any method whatsoever..yes it may take a good time to happen.

Q: Sec90 sec376 victim man can case be filed

Can a man file a case against a women for sec90 sec376 ? If victim is man.

Advocate Prashant Kumar answered
The plain reading of section 90 say that it is applicable irrespective of gender if fulfills other needed ingredients of sec 90. But, in case of the application of sec 376 ..if we go through it , clearly one can understand that it is gender sensitive I.e. it is invoked only when the victim is women .Recently POCSO act has come into application in case of child and it is invoked irrespective of gender ..

Q: Partisans suit by doughter in father

If the land purchaser's are alive ,than purchaser's doughter file the partisans suit are the possible, and other any .

Advocate Prashant Kumar answered
No, if the purchaser are alive and the purchased property is purchased using solely the proceed of using self earned money by purchaser itself then no partisan suit is possible without the consent of purchaser, here the owner also.But , in the case money/proceed used to earn the property is obtained from ancestral money either movable or immovable then new purchased property could be subject for partisan, it does not matter whether purchaser is live or dead or not traceable .