Advocate Robert D Rozario

Questions Answered by Advocate Robert D Rozario

Q: Appearance in section 138 case in court

I have a cheque bounce case in ahmedabad.I am staying in kolkata. First Date is on 15/10/2019, but due some reasons i am unable to visit ahmedabad on the given date. Can only a lawyer represent me .What should i do?

Advocate Robert D Rozario answered
you need to surrender before the court in Ahmedabad and get bail. If you fail to appear on the first date of your appearance a bailable warrant will be issued and on the second date a non-bailable warrant will be issued.

Q: Transfer Of Property Without Parents Permission

We have ancestral property and my father have died without any will.. Now my mother handover all property.. But my big brother have sold a land without her permission and this property located in bihar.. Can he have right to do so without any property partition among us?

Advocate Robert D Rozario answered
file a partition suit along with a suit for revocation of the sale deed executed by your elder brother. Whether the property is ancestral or self acquired property of your father who died intestate, all Class 1 legal heirs will have equal rights in the property whether its ancestral or self acquired property of your father.

Q: I am 65years age now , when my age was 16 year's my father was died, we are 3 sisters, and 2brothers

I am 65years age now , when my age was 16 year's my father was died, we are 3 sisters, and 2brothers. I am elder brother , so total family responsibilities on my shoulder , from that time I am doing fisheries, agricultured of my fathers property , earning from that I am done all my sisters and one brother to get married, also given to all property share . My brother was died 20years ago. His only one son . I am already given to sisters , and brother son to 50%share eqaly. Now they r demands me a pond which is along with my vastu . I don't want to give the pond position bcz last 40 years I am fishing of that pond . The pond was recorded in the name of 3sisters. It was recorded by me . So please help me

Advocate Robert D Rozario answered
since the pond has been recorded in the names of your 3 sister's as owners your sister are the rightful owner of the said property. However since you had been in occupation and doing business of piscy culture since last 40 years you can file a tile suit for declaration on Adverse Possession along with an injunction restraining your sisters and men and agent from forcibly evicting you from the said property. Your rights to use the said property are protected under Adverse Possession.

Q: Floor plan different from actual flat

Hi, I am trying to buy a 2bhk flat in kolkata and already paid the downpayment. After that when I got the floor plan from the builder for my flat I saw that it is of 3bhk whereas the actual flat is of 2bhk. Although the super built area is mentioned correctly in the sale agreement, but will there be any issue if the floor plan diagram is not correct? Please reply.

Advocate Robert D Rozario answered
serve a legal notice demanding for the correct or amended floor plan approved by KMC because these are vital documents and builders should ensure that they deliver documents as per the Agreement for sale. If they don't then you should approach WBHIRA lodging a complaint against the build for the discrepancies.

Q: status quote order of high court resp.entered into agreement to sell L

Statusquoorder of high court resp.entired in to agreement to sell LRs of resp and appealant sold the suit property wether agreement is enforceable ?

Advocate Robert D Rozario answered
facts of your case is not clear. legal opinion cannot be delivered without going through the actual facts and documents. You may approach me for guidance. For discussion sake if there's an order of status quo from the court and the respondent had not complied with its order then you can approach the same bench by filing a contempt application.