Advocate Prateek Mishra

Questions Answered by Advocate Prateek Mishra

Q: PIL For Direction Section 67 of U.P. Revenue Code, 2006

I wanted to file PIL for Section 67 of U.P. Revenue Code, 2006 , SDM tahsildar seems to be currupt and not acting on case registered at tahsildar court case since 3 year . What is cost of PIL taken by advocate to file it

Advocate Prateek Mishra answered
PIL is not maintainable in cases where you personal interest in involved . There are other legal options to expedite the case. Which tehsil and district is it? Further information is needed. You may consult for full advice.

Q: Services from a Real Estate Consulting Firm

We intend to purchase an apartment under resale at NOIDA Extension. For some reason, we cannot enter into Sale Agreement directly with the seller. Our property consultant has suggested a solution like this: First, the property consultant will purchase the property from the seller and then sell the property to us. For this we are to provide fund to the property consultant through an Agreement To Sale (ATS) - (Notarised) first for purchasing the unit. In this respect kindly advise on the following: (1) Whether this kind of system is in vogue? (2) What safeguards need to be taken? (3) Any pitfalls/issues or chances of fraudulent activity?

Advocate Prateek Mishra answered
Don't do it. Notarized agreements for sale of immoveable property are invalid. While the practise is quite common, it is also commonly associated with fraud. The reason is that the notarized agreement being a nullity, you are effectively giving your money to a stranger merely on the basis of word of mouth. You will not have a legal recourse if they choose to misappropriate your funds. The way out is to devise an elaborate arbitration agreement (with or without an on-demand elaborate bank guarantee depending upon the quantum of consideration involved) and create complex encumbrances with the option to allow you to quickly enforce the confiscation / attachment of assets in question on short notice. You may consult for further discussion.

Q: A son want to lease his flat to mother on nominal rent can he do so

Weather a son can lease the flat to his mother on nominal rent and if yes than do it need registration

Advocate Prateek Mishra answered
1. Yes, one may lease one's immoveable property to anybody including a blood relative2. Registration is mandatory only if lease period is one year or more.3. Even in unregistered lease, ₹100 stamp duty is insufficient.

Q: Dispute between brothers regarding property

My father are 3 brothers and i am the single girl child of my parents. My father is financially challenged person as he has spent all his earnings in my studies and marriage 7 yrs before. And one of my uncle is a rich person running a company having 200 labours.. My father and uncle live in city near delhi. And my 2nd uncle live in village has kept all the ancestor's (my grandparents) property from last 40 yrs. Now as my grandparents had expired since last 6 yrs ,all property(farm and house) automatically have transferred to all the 3 brothers name.Now my father want his property as he need it...but both of my uncle don't want to give it. They say that he don't have son so either he will give all property to his girl(me) or he will sell it. I personally talked to my uncle 2 yrs before and told him that i dont want it,I dont want dispute...but all went in vain. My father really want this property..as he need it but he don't want to file case as it take lots of time and money. Plz help..

Advocate Prateek Mishra answered
Ancestral property in Village cannot be taken away from you. You can go there and take possession of your share of property, or sell it or use it in any way you like. If they create problems you can obtain court order against your uncles retraining them from interfering in your affairs.

Q: Clarification on property rights

In varanasi, we have one ancestral property which my grandfather had inherited under property partition happened in 1971 and before. That land were we also have ancestral house, is now getting re-constructed into a group housing project. I suspect that builder is not transparent is making the GH proposal, while I am not involved into this matter, and my signatures are also not required, as I stay in Noida. I need to understand my legal rights on this land, if this agreement needs to have my signatures also. I am a working professional with above 40 yrs age living in Noida.

Advocate Prateek Mishra answered
Who told you that your signatures are not required?! There are many illegal builders active in Varanasi. Immediately take some steps and assert your rights over the land otherwise you'd loose it for good.