Advocate Rohit Khurana

Questions Answered by Advocate Rohit Khurana

Q: Can a case be filled for cheque bounce

We have issued PDC cheques to a builder from whom we have bought a flat. for which there is no written agreement. now we have come to know that he is selling same kind of flats in same society with around 8 lakhs less amount. this shows he has cheated on us. Since there is no written agreement and he is adamant to lodge those cheques. can I make stop payment of those cheques.. Can he file case on us for bouncing of cheques. what is other way out.. please guide.. its a matter of 8 lakhs. he has sold us that flat in 8 lakhs higher price..

Advocate Rohit Khurana answered
A signed cheque in possession of the builder can be misused by him. But under no fear you can stop the payment of that cheque by requesting the same in your bank. Whereas, even if a frivolous case is filled it will hold no legs to stand on. Also for further legal protection, you can immediately send a legal notice for cancellation of the oral agreement between both the parties and asking return of your cheque handover to the builder in good faith.

Q: How to get claim share in father's property

My grandfather died in 2014. He had 5 children (3 sons and 3 daughter). He had two plots one is very old or can say ancestral and the other one was given by govt. in 1974. Khatauni of plot given by govt. is available .But the other plot have no paper proving that the property belongs to my grandfather. From beginning elder son of my grandfather lives in it. and in the other property my father and my uncle lives with mutual understanding of 50-50 . But unfortunately my uncle and his family is no more. So my elder uncle(grandfather's elder son) wants his share in the property given by govt. But they says that my father can't get his share in ancestral plot. My father's sisters are with us . So suggest us that it is possible that my father and his sisters get their share in ancestral property which have no proof that it belongs to my grandfather and also it doesn't have any proof that it belongs to my uncle also. paper is not available as it is old property. Please suggest the better way.

Advocate Rohit Khurana answered
The ownership chain of the plot will be in the government record. Your father can also claim ownership with equal rights, so as your uncle. Whereas, legal share of the sisters of your father can only be decided after knowing the initial ownership of the plot in dispute.

Q: What to do if I left the company during lock-in period

I left the job of a company by breaking the agreement. After one year i received a letter from the company seeking compensation from me within 15 days and they have put very unreasonable and high demand in their company letter. Should I respond to the letter? Should I neglect the letter and not receive any further letters? Or what should I do to get out of this situation? I had also left my one month salary when I left the job.

Advocate Rohit Khurana answered
It is preferable to reply to such letters, a mere denial of the demands work well too. The demands being unjustified or too high can only be justified depending upon your terms and conditions mentioned in your job offer letter.

Q: Recovery of passport & pending dues from employer

Delhi based employers kept my passport in there custody since December 2015. My salary $4125/_ is also due . Neither he returned my passport nor reimbursed my salary despite requested them frequently .how can I retrieve it. Plz.advice me.

Advocate Rohit Khurana answered
Please immediately file an FIR against the employer, handover the documents to the police you have to show your employee relation with the accused. Also submit emails if any addressed by you to the accused asking for your dues most importantly your passport.

Q: Can my children claim right on their deceased father's property

My husband passed away. I am widow with two kids. My In Laws can sell out the ancestral property without my consent. What can I do for my children's right. This property is in village near Hathras (UP). Please advice me. We are Hindu Brahmin family

Advocate Rohit Khurana answered
A suit for partition can be filed against your in-laws claiming your share in the property along with share of your children. In case your children are minor, you can file a suit claiming their share on their behalf as a guardian.