Advocate Rajendra Nath Dikshit

Questions Answered by Advocate Rajendra Nath Dikshit

Q: What to do if money gets transferred to wrong account by mistake

hello last week i was doing neft to my friend but by mistake iit was transferred to a wrong account.now the receiver is denying to reverse it back and receiver has withdrwan the money . now what actions can i take.

Advocate Rajendra Nath Dikshit answered
You should contact to your banker who will write to the other party,s bank which in turn mark lien in his account and refund you the money after verifying your credentials.Otherwise you may file a suit for recovery in the court.

Q: Enforcing Sale of Plot by Joint Owner

Hi, my father and uncle (fathers brother) are joint owners of a residential plot measuring around 300 Sq Yards in Ambala City, Haryana. The plot was purchased way back in year 2001. Since the plot was vacant at that time. My father and uncle mutually agreed verbally that uncle can take the front portion of the plot to construct and to reside therein and my father will take the backside portion of the plot. This all happened in good faith.. My father was in loss as he agreed to take the back portion. However it was decided that my uncle will give a passage of aprox 7 feet to my father from his front portion to reach out to the back side portion. After this he constructed his house in front. Its been around 10 years that he is staying there. Now when my father wants to sell his portion of plot, my uncle is creating problem that he will not allow to sell the passage of 7 feet. Now no one is buying back side plot with exclusive right to passage. Plz advice what to do.

Advocate Rajendra Nath Dikshit answered
Your father may file a civil suit against his brother for partition of plot in equal portion with both the plots having 1/2 of front portion.If symitery of the plot do not permit 1/2 or front portion then divide the plot in two portion with providing passage to access another portion.first exclude the passage area from the plot then divide in two equal portions.A partition deed may be prepared with specific demarcation of the plot.