Advocate Pulkit Agarwal

Questions Answered by Advocate Pulkit Agarwal

Q: Do I become the owner of property if I stayed in it for 30 years

I am staying in a property from last 35years, can I claim on the property? But the title is on my relative name and he is paying the land taxes but he haven't visited the property from last 30years

Advocate Pulkit Agarwal answered
If the taxes and other related expenses are being borne by the actual owner then it is hard for you to claim any ownership right in the said property as the actual is exercising the same over it. it does not matter if he has not visited the property for long till the time he is exercising his ownership rights including payment of taxes.

Q: Case in NCDRC for 7 years, should we do out of court settlement

We Have Cleared Full Payment to builder and the property is under dispute by Wall Covering my Plot enables me to enter. We came to know that there is another dispute going on with builder with stranger who made wall & soon came to know that the property we bought is on UN-PARTITIONED LAND & for same case is registered in GURGAON HR civil court as property belongs to Haryana. It's been 7 years we filed case in National Redressal Delhi and we are getting dates now for final direction..Can We Expect Some Reasonable Judgement in coming time or we should try for out of court settlement.

Advocate Pulkit Agarwal answered
In so far as settlement is concerned, it is always better to have one as the same is done and given effect to in present. further, a settlement is hard to challenge by any party as it is by the consent of all concerned. In so far as judgment of NCDRC is concerned, it is impossible to predict the judgement and further, it may not bring an end to litigation as an aggrieved party may choose to appeal the judgement. therefore, if you are getting a reasonable offer, its better to settle just to avoid any uncertainty in terms of the judgement and future litigation.

Q: Is approval of all legal heirs required to free hold the property

I am married, and we are Hindus. My father died in april 1997, he had a DDA flat, my 2 brothers and 1 sister are legal hiers of the property, one of my brother wants to get it free hold in his name. I do not want to give my share to him, what should I do? Is it possible that he gets it freehold without me.

Advocate Pulkit Agarwal answered
As per law, (assuming there is no will) all you brothers and sisters are legal heirs and have equal shares in the property. Further, for getting the property free hold all the legal heirs / share holders of the property will have to apply jointly. Therefore, your brother cannot get the property converted into free hold only his name unless and until you consent to the same. However, to protect your interest, it is advisable that a letter is given to DDA informing about the death of your father and stating that you along with all your other siblings are his legal heirs. It may also be stated in the letter that the property may not be converted into free hold without any intimation to you or without any no objection from you.

Q: Can unmarried daughter claim share of property from alive father

Can a unmarried daughter claim share of property from her alive father's property? Her father humilate her a lot and wants her to kick out from his house.. ?

Advocate Pulkit Agarwal answered
She can claim partition of the property, provided the property it is an ancestral property or an HUF property of which the daughter is also a member. If the property is a self acquired property of the father, then she cannot claim share of the property from her father.

Q: How to revover 90k from a person legally

What i do for not giving my money900000

Advocate Pulkit Agarwal answered
You can file a suit for recovery. However, details such as why this payment was made, when it was made, how, i.e., mode of payment and and material details would be required to advice as to where and how you can file a case. Further, such filing of case is depended upon whether your claim is time bound or not.