Advocate Prince Shrivastava

Questions Answered by Advocate Prince Shrivastava (25+ answers)

Q: Registry of land while there is a loan on property

Father borrowed a loan.He died. Loan transferred on kids name.Now they want to sell property.They are saying with some setting they can do registry and sell land.They have other land also.Is it possible to do registry without paying loan?Will that loan get transferred to new owner?Or it will stay on their name only.

Advocate Prince Shrivastava answered
Banks have provisions of loan takeover. one who purchases the property can take over the loan from the previous owner and the rest of the amount will be paid by the purchaser . so in that case if legal heirs are valid owners of that property they have all rights to sell the property.

Q: issue related used stamp paper in family property deal

Hello team, I hope you are doing well. My query is that there was a discussion between my father and my uncle on the farm land. We have written all the points and deal with a 500 stamp in 2022, but we did not notarize it and didn't affidavit it. so does that stamp can be notarize now.

Advocate Prince Shrivastava answered
There is no mandatory requirement to get your family settlement notarized. still you can get it notarized whenever you want irrespective of the fact that both the parties are willing to do so. Notary in family settlement plays no or very less role to help you out in getting your settlement executed.

Q: Tenant is not emptying my property

I own a commercial property and the tenant there is not ready to move from that property

Advocate Prince Shrivastava answered
you need to file a civil suit against the tenant specifying your ground why you need to get the property vacated. you can take ground such as Bonafide requirement for your own use, tenants failure to pay timely rent

Q: Agriculture land transfer dispute

Few years ago I heard from my fathers agriculture land which was 3 acer transferred to my Bua, in 2001-2002 that time my father lived in another state , I heard from him bua make fake gift deed , now the land showing on her name, recently my Father expired in accident, i am searching land records but I didn't found how do land transferred, got reference number but case not found in record, now what should I do further...

Advocate Prince Shrivastava answered
File the civil suit for declaration of gift deed as null and void and also to declare yourself the owner of the land. before that you can file an application before the collector for correction of entries in khasra.

Q: Tenant issue , not leaving house giving excuse

Need guidance on issue of vacating my house , kindly guide Tenant paying rent by not vacating house.

Advocate Prince Shrivastava answered
serve the tenent with a legal notice to pay the default rent and for vacating property. Than file a civil suit for eviction and recovery of arrears of rent. every state has its own local law for Accomodation control. suit shall be file according to the provisions of local law