Advocate Raghav Sabharwal

Questions Answered by Advocate Raghav Sabharwal

Q: Documents required to transfer ownership in co op society after death

I am Hony. Secretary in a Co-Op Group Housing Society. In case a member dies without making a will. The property is a Flat in the G/H Society and the wife is the nominee of the member in respect of that flat. The wife applies for the transfer of the flat in her name. What documents are required to be attached to her application other than the death certificate? Since the wife is his nominee for that particular property, do we require registered release deed from the other members of the family (legal heirs) relinquishing their rights in her favour, or the nomination papers are sufficient to transfer the membership to the wife?

Advocate Raghav Sabharwal answered
Nomination does not amount to testamentary disposition of property. (See Bombay High Court judgement of Shakti Yezfani by Justice Oka). Although, nominees name may be entered on record, the title in the property does not best in the nominee. Nominee merely holds the property in trust for the other legal heirs. (See SC decision of Starvation Devi v Union of India)You can contact me for further advice/clarification.

Q: possession on ancestral land without partition

possession on ancestral land without partitiondear we are six brother and our land is ancestral.land was not partitioned.ow younger brother take moreover overmore land in partion and making home now i want stay and land partition properly by land what is do. all 5 brother will not agree for partition. only i will agree for partion by court

Advocate Raghav Sabharwal answered
You can file a suit for partition. Even other brothers will have to abide by court decree. Injunction can be sought to stop the construction. However, the status of share in the property needs to be ascertained after going through all documents. You can contact me for further details.

Q: Time Limit of filing case against cheque bouncing

What is the time limit within which we can file a case against the bouncing of a cheque?

Advocate Raghav Sabharwal answered
Limitation is an important aspect for initiating proceedings u/s 138 or 141 of negotiable instruments act. You have to send a legal notice within 30 days from the date of return (dishonour) of cheque asking the noticee to pay the amount within 15 days. On expiry of fifteen days from the service of notice, you have to file a complaint before the Concerned magistrate within 1 month of the said expiry. However, it is pertinent to note that nothing precludes you from filing a separate civil suit (summary suit) for recovery of the amount due the limitation of which is 3 years from the cause of action/ date of dishonour.

Q: Cheque issued from Noida got bounced in Delhi where to file case?

I got a cheque from person. The issuing bank is in Noida. My bank is from ITO form where the cheque bounced. I want to know where can i file the case?

Advocate Raghav Sabharwal answered
As per the recent amendment in cheque bouncing cases, the territorial jurisdiction would lie with the court where you presented the cheque. Therefore, it would lie in Delhi. Further classification of the district where the branch of your bank is located would decide the proper district court which would have the jurisdiction e.g. tis hazari or patiala house.

Q: Can I open Auto workshop on propert having high court stay order on it

Dear All, My Father is planning to open Auto ( 4 wheeler) workshop in Vasant Kunj Area ( near Fortis hospital). Currently property is having staying order from Delhi High Court in favor of owner against DDA, Delhi. Please suggest if we can go ahead with 3year rent contract and open auto workshop.

Advocate Raghav Sabharwal answered
The answer to your query would depend on the nature of the stay order. It would have to be seen whether it is a status quo order and if so then in what respect the status quo has been ordered i.e. possession, title, third party interest e.t.c. Your queru needs yo be more specific elaborating the order and the nature of relief sought in the suit in which the order has been passed. Needless to mention that nothing precludes the owner from carrying out permissible legal activity from the property if there is no specific restraint on the same under the order passed by the court.