Advocate Puneet Kumar Rai

Questions Answered by Advocate Puneet Kumar Rai

Q: SIGNED CHEQUE ON MY FATHERS NAME WITH THE AMOUNT AND FULLY FILLED !

My Father left us for heavenly abode and we found a signed check with all details filled except the date , neither the account holder nor me have contacted each other but he knows about my fathers death , how can i claim my fathers money ?

Advocate Puneet Kumar Rai answered
HelloYou can file case under section 403/405/415 IPC which are misappropriation of property, criminal breach of trust, cheating and fraud respectively. I would also like to know who has encashed the cheque left by your father with the amount details.

Q: A lady is the owner of a residential property. She has three sons. And they want to sell the propert

A lady is the owner of a residential property. She has three sons. And they want to sell the property but the lady can't go to court due to age. Can any of her son sign all documents related to the sale of the property including sale deed at the sale and registery of the property.

Advocate Puneet Kumar Rai answered
Yes, the mother can grant Special Power of Attorney to either of them and further the sale can be made of those properties.The Special Power of Attorney will authorize the party to dispose of those three properties only as details of the properties will be specified under the GPA.

Q: Need details on daughters right

Sir my parents are having a property with two floors , self purchased. We are two sisters . My mother is always neglecting me and want this property to be given to my sister only. can u advise how can i claim . they both are alive we dont have any other legal heir. but as a precaution can i take any step.

Advocate Puneet Kumar Rai answered
Hello Ma'am,Since the property is self acquired by you father, you or your sister are not legally entitled to claim you rights over it. Secondly for the property to dispose, your father can give it to anyoone he desires to, which will be supported by a Will.In case of apprehension that your mother may part over with the property to your sister, even your mother does not hold exclusive rights over the property since it is self acquired by your father.

Q: The builder took money and promised to provide flats all the investors by 2017 but he doesn't fulfil

The builder took money and promised to provide flats all the investors by 2017 but he doesn't fulfill that now it's been 3years we have filed the consumer case against him and now he is that he don't have money. What can be done in this case ? Or should we file this case somewhere else? Can consumer court order to cease his bank account ?

Advocate Puneet Kumar Rai answered
Hello We understand there must be an existing agreement or an arrangement wherein your builder has promised you Apartment against your consideration although consumer court have jurisdiction to entertain the said matter. We advise you to file the matter before your state's RERA as the said forum is better equipped for your case and swifter than that of consumer court. We understand project is ongoing and OC / cc has not been issued . however make sure that your project is more than 500 square metre in area more than 8 apartments in total we will better guide you after going through the documents provided by your builder all promoter .