Advocate Radhika Gaur

Questions Answered by Advocate Radhika Gaur

Q: R&R plots-legal heirs not cooperatingg

We are 3 sons of our mother who died a very long time back. Now there is one plot issued by government under R&R to our mother. Out of three, one son is not cooperating and neither giving his portion to us neither claiming to government. How can this entire plot transfer to me where one brother is ready to give his consent but 2nd brother is not responding.

Advocate Radhika Gaur answered
If your mother died intestate, all legal heirs have equal rights in the property. The entire plot cannot be transferred solely in your name without the consent or relinquishment of all heirs. If one brother is unwilling to cooperate, you may file a suit for partition and seek appropriate directions from the competent court. If the other brother is willing, he may execute a registered Release/Relinquishment Deed in your favour.

Q: Mistake in colony name and covered area in sale Deed.Other document ok

Purchased flat in Faridabad on GPA.In every document (except Sale Deed) the name of colony is shown as Springfield Colony and flat covered area as 950 sq.ft, but in Sale deed colony name has been shown as Springfield EXTN. And covered area as 970 sq.ft which is not correct.How it can be corrected .Pl guide me.Thanks !

Advocate Radhika Gaur answered
If the Sale Deed contains incorrect details regarding the colony name or covered area while all other title documents reflect the correct particulars, the error can generally be rectified by executing a Rectification Deed (Correction Deed). Have all property documents verified by a local property lawyer before initiating the correction process with the Sub-Registrar.

Q: Mere educational certificate or adar pen caste may father surname mism

Mere education certificate may father surname lga huva h or adar caste certificate family id may nhi h father surname nhi lgate unke documents may document verification k liye jana h aiims may lekin mismatch h solution btaye jisse ki rejection na ho or permanent rasta btaye

Advocate Radhika Gaur answered
Agar educational certificates aur Aadhaar/Family ID/Caste Certificate mein father’s surname mismatch hai, to verification mein objection aa sakta hai, lekin zaruri nahi ki rejection ho. Supporting documents aur affidavit saath rakhein. Permanent solution ke liye sabhi records mein naam/surname ek jaisa karva lena uchit rahega. Final decision verifying authority ke rules par nirbhar karega.

Q: Property Ownership Dispute Leading to Police Complaint

My family purchased a property from the previous owner and we have been in possession of it since 2020. We have the relevant documents, property tax receipts, electricity bills are in my family’s name, and we have been paying all dues regularly. Another person has come forward claiming ownership and has registered a complaint in the local police station. What to do now? We need some advice.

Advocate Radhika Gaur answered
If your family has a registered sale deed and has been in lawful possession since 2020, do not panic merely because someone has filed a police complaint. Property ownership disputes are generally civil in nature, and the police cannot decide title. Keep all original documents ready, including the sale deed, property tax receipts, electricity bills, and any mutation records. If called by the police, cooperate and submit copies of the relevant documents. If the claimant initiates civil proceedings or attempts to interfere with your possession, consult a property lawyer immediately to file an appropriate civil suit or seek an injunction, depending on the facts. A detailed examination of the title documents is essential before advising the next legal step.

Q: Mere educational certificate or adar pen caste may father surname mism

Mere educational certificate or adar pen caste may father surname mismatch h solution btaye dv k liye jana h

Advocate Radhika Gaur answered
Agar sirf father ke surname ka mismatch Educational Certificates, Aadhaar, PAN ya Caste Certificate mein hai, to pehle ye verify karein ki kis document mein correct details hain. Agar Aadhaar mein error hai to usse update karwa sakte hain. Agar Educational Certificates mein error hai to concerned Board/University se correction ke liye apply karna hoga. Agar surname legally change hua hai, to Gazette Notification, Affidavit ya anya supporting documents ki zarurat pad sakti hai. Exact remedy batane ke liye sabhi documents dekhna zaroori hoga.