Advocate Puneet Kumar Agarwal

Questions Answered by Advocate Puneet Kumar Agarwal

Q: Is mutation compulsory for selling a freehold property

Is mutation compulsory for selling a free hold property in Delhi???

Advocate Puneet Kumar Agarwal answered
No. Mutation and ownership of property are 2 distinct concepts. Mutation of property is done primarily for payment of house tax and other liabilities. for the purposes of sale, the title documents to the property are only required.

Q: Buyer failed to make payment as per sale agreement what can I do

there is a case in which there are 2 coowners having 50% share each in the property and one of them entered into agreement to sell with the buyer with the permission of the other cowner. The buyer paid the advance and rest were to be paid within 30 days.the other coowner before the expiry of 5 days of expiry of 30 days refused to sell his share.30 days expired and the buyer did not pay the whole amount.therefore a notice is served on the buyer to terminate the agreement to sell because he failed to make the balance payment.the advance is also forfieted. what is the legal recourse available

Advocate Puneet Kumar Agarwal answered
The options available with you is that you may file a suit for recovery of your money. You might also have the option of filing a suit for specific performance of the agreement to sell. There are certain remedies available to you under the criminal domain as well, although, a civil suit is the most effective remedies. Please seek consultation for a more detailed and appropriate recourse.

Q: Can my daughters claim share in the property inherited by me

I am an old (73) age person. having six children (one son, and five daughters)all are married and settled except the younger daughter.my elder two daughters are mentally harassing me. I have two properties in which they have done some fraud in which they did not successful (it disputed as there was duplicate sign) and now they are sent me one more legal notice for my another property for their share which was earlier my mother's name after getting my share it is now in my name. I request you to kindly help me and share some legal points in regard to this. 

Advocate Puneet Kumar Agarwal answered
Any property that you have legally inherited from your father/mother is your self acquired property and only you possess the right, title and interest with respect thereto. It is completely in your hands how you wish to devolve your property either during your lifetime or thereafter. For a more detailed advise, please seek consultation.

Q: Rented shop for last 40 years demolished without prior notice

We have a rented shop ,property owned by Jain trust was demolished without prior notice 2 days ago .our stock and furniture was inside the stock. They took away everything .we lost the case in court of law 12 years ago .the court given the degree against us to empty and handover possession but they did not took action that time . Please tell me the sections in which the case will be framed against the trustees for demolishing the shop and taking away my stock,furniture and cash kept in shop Does the degree get void given against us by court since the does not took action for last 12 years

Advocate Puneet Kumar Agarwal answered
the facts and circumstances as narrated by you are neither adequate nor clear enough to provide you with an appropriate response. However, from what could be gathered it appears that you might have recourse to both civil and criminal remedies. It is advised that you seek consultation for a detailed and appropriate feedback.

Q: How can I claim share in our parents property

We two brothers and one sister living outside india. Our case after 5 years shifted from high court to lower court. Case is about a flat in delhi. My brother's wife living in that property last 13-14 years in free. My brother is offering me and my sister 20 percent of share. Its our late parents property. What should we do, fight more years and pay more to lawyers or except the 20 percent offer? Please give us honest advise. Thankyou

Advocate Puneet Kumar Agarwal answered
I hope that it is within your knowledge that upon your parent's death, the property devolves upon you, your brother and any other sibling you might have in equal proportions. That is to mean that in the absence of an agreement to the contrary and assuming you and your brother is the only legal heir, then you are entitled to half share in the property which, upon contesting the case, will eventually come in your hands (provided you have a good case on merits and your litigation is being handled properly). The choice of settling for 20 percent of the share is purely personal and may be made by you based on a number of factors including your chances of succeeding in your litigation. If you wish to know what are your chances of succeeding in your litigation which is currently pending, i suggest you seek appropriate consultation.