Advocate Rishabh Kapur

Questions Answered by Advocate Rishabh Kapur

Q: Can abusive son and daughter in law claim in property which is on my f

My parents are senior citizen and they are facing abuse from son and daughter in law , they mentally tortured them and some time tried to best my father also .Now they are claiming there share and want my parents to vacate home which is on my father's name and given to my father by my grandfather during his life time .

Advocate Rishabh Kapur answered
Technically since it's an ancestral property, the son will have a share in the property. Your father cannot be forced to vacate the house though. However, your father has other remedies in law against the harassment caused to him.

Q: Right of children on self purchased property of father

Father purchased a 100 MTR plot in 1974 .out of this 100 MTR transfer his grandson and remaining 100 MTR to his wife before his death ( both documents not known) what is the right of his children now?

Advocate Rishabh Kapur answered
There are various things for consideration here. Was the property self acquired by the father or ancestral? Was there any will during his lifetime? Depending on the same, you could file a suit for declaration/partition.

Q: Arbitration by demerged company without arbitration agreement

Please help me on the issue whether a demerged company can invoke arbitration or not if it has not signed the arbitration agreement as the agreement was signed by the parent company

Advocate Rishabh Kapur answered
The Arbitration Act is clear on the fact that Arbitration can be initiated between parties who are signatories of a written arbitration agreement. In your case, the demerged company was not, stricto sensu a signatory to the agreement, as it was not in existence at that stage. It is, however, still an arguable case depending upon the facts and circumstances of the case.

Q: How to get bail and stop arrest in case of IPC 306

Dear Sir, I am from Rajasthan. Let me tell you about my family. My father passed away in 2007 and we are three. One is my mom, my younger brother and me. We both are married. My younger brother's wife passed away because she took poison by herself. We couldn't save her. Her family put case against my mother and younger brother under IPC-306. Younger brother is in the jail and police are trying to find my mother to take in the jail. It's been more than one month. I am studying in delhi. My younger brother's career has already spoiled. How can I get out him from the jail and save my mom to arrest by police. Thanks

Advocate Rishabh Kapur answered
You would have to file a bail application in the criminal court of local jurisdiction in Rajasthan for your brother. For your mother, you will have to file an application for anticipatory bail. Please engage a decent lawyer in the court where the jurisdiction of the said police station falls.

Q: Escalation cost and delay in possession of flat by builder

Hello Sir, I have purchased a Flat in 2013. On dt. 17 July 2018, I received a mail from builder mentioning Escalation cost of 3.63 Lacs. Also they delayed the Project by 802 days and blaming Government policies for the delay. For that they have reduced the project delay to 1.5 years and giving Compensation of around 1.5 years only. I bought the Floor on CLP plan. They said the Policy guidelines cleared in 2014. If that has been the case, why they took 75% of the Payment before 2014. This is clearly an unjustified explanation. Regards,

Advocate Rishabh Kapur answered
This is a clear case of unfair trade practice and deficiency of service on the part of the builder. You may file a consumer complaint before a Consumer forum depending on the pecuniary jurisdiction involved. Various such cases have been decided in favour of the consumers.