Advocate Sameer Kumar Shrivastava

Questions Answered by Advocate Sameer Kumar Shrivastava

Q: Paid money to promoter now want to cancel deal how to recover money

paid 3.2 lacs on 28.3.16 to promoter, but due to job problem don't want to continue with the deal further. i want refund of my money. how to do? promoter not responding at all. sent registered ad. promoter given written committment that he will refund the money if i have any job problems. he has not done any construction so far.

Advocate Sameer Kumar Shrivastava answered
For better understanding I need to see the agreement first. But I understand your promoter has not started construction which was agreed so if he is not fulfilling the terms and conditions then you may approach Consumer Forum seeking the relief of return of money along with interest.

Q: Who will hold the firm after death of a partner

Sir, I want to know that, If a firm is between two partners that is son and his son, and after the father death, the firm estate that is shop registered by the name of firm is given to whom...? Note- There are five sons of the father and I am the only son have firm partnership...!!!! My basic question... Whom the estate of firm will have...?

Advocate Sameer Kumar Shrivastava answered
If its a partnership firm then the partnership deed plays am important role as generally the partnership deed contains a clause that in the event of death of one parter what will happen to the assets of the firm . So I need to know that whether you have such a clause in your deed so that your query can be answered more efficiently.

Q: Donated agricultural land for canal project how to get compensation

I am a farmer my land is used for canal project. That land is arigated and by wall . I want know who many muabja(compensation) is paid by govt . which type of legal format for favour of a doner farmer .please sugget.

Advocate Sameer Kumar Shrivastava answered
Whenever any land is acquired for the purpose of making canal then the govt have their own way of calculating the amount of compensation . You will have to visit the office of Collector of your area and to enquire that who is officer acting as Land Acquisition Officer. You can also raise an objection that the compensation given to you is not proper and you can also claim for enhancement of the same.

Q: Married for 4 years how can I file for divorce

We are going to complete 4th marriage anniversary but these 4 years were very stressfull for me. Because I have been suffering from mental harassment from my inlaws & husband, verbal abusement, insecurity about future regarding finance & emotions. Now I decided to take divorce from him but only because of my little daughter, I want to try once so I want to make an agreement regarding above mentioned issues. Please let me know the whole process, points to be covered according to my issues,time consumed in preparing agreement. 

Advocate Sameer Kumar Shrivastava answered
There can't be any agreement as to how one should live with his/her spouse. If you want to take divorce then go ahead and take divorce , if you want custody of your daughter you can get the same by the court. If you want any other clarification then you can write your problem in more descriptive manner

Q: Property purchased by father registered in mother name can she sell it

Sir my mother is committed with my cousin and she is ready to sell her property for him.. But that property purchased by my father in the name of my mother.. Problem is that my mother she has the registry of that property of her name.. That property was purchased in 2002 and we have a blank 100 rs. Stamp with her signature of year 2004.. I was minor at that time but now i am adult. Is there any way to stop her by using that stamp.???

Advocate Sameer Kumar Shrivastava answered
No. There is no way we can stop her if the registry is on her name . If the registry is on her name then she is the absolute owner of the property and is having every right to sell the property . The only way is to file suit prove in the court that though the property stands on her name however the funds were of joint family from which the consideration was given.