Advocate Samyak Raj

Questions Answered by Advocate Samyak Raj

Q: Can my brother sell property without my consent (sister)

My problem is we are 3 sisters and 1 brother. After our parents passed away all the ancestral property has been registered on our 4 names but we haven't yet decided that which portion of land belongs to whom. Now my brother sold property without my consent , the piece of land which is costly and along the road without any consent with our 3 sisters. Now how can we stop him in near future so that he won't be able to sell any piece of land in future without taking prior permission from 3 of us

Advocate Samyak Raj answered
If some part of the property has already been sold then it would be very difficult to cancel the sale deed. However, in these circumstances you should immediately file a suit for temporary injunction thereby restricting your brother from creating any third party interest in the property as long as the partition is not done by mete and bounds.

Q: Can i claim land after 50 years which is abandoned land ?

70 years ago my grandfather left the 50-bigha land and settled in another place. Can we get that land again.. what is the supreme court judgement on possession of property ?

Advocate Samyak Raj answered
You can claim ownership of the said land only if you have some documents to prove that the land was earlier owned by your grandfather and that he settled to some other place without transferring the same to anyone else.If you want to claim the ownership merely on the basis of the fact that he was in possession of the land earlier would not be sufficient to entitle you to land as a legal heir.

Q: Possession notice by bank ,Procedure to get stay order against possession of property by bank

how can i get stay order as my property has been possessed by bank and bank is not going into ots, as i need stay order to make pressure on bank?, can bank auction property without physical possession ?

Advocate Samyak Raj answered
See the route of OTS to escape any legal liability is available only until the property has not been attached. At this stage you can file a suit for temporary and mandatory injunction under Order XXXIX rule 1 and 2 of CPC for restraining the sale of property, however the grounds have to be very strong and genuine at this stage.

Q: Is it legal for a recruitment consultancy to charge money?

Hello, I was searching for a job a month ago and found a vacancy advertised by a company that did not disclose the name of the school the position was for, only the profile was advertised. It turns out a consultancy was recruiting for the school and is charging 50% of the salary plus 18.5% GST. Is it legal for a consultancy to charge candidates for securing a position? Do job consultants charge money, and are there any regulations regarding job consultancy registration fees?

Advocate Samyak Raj answered
See it depends on the terms of the contract and if it was an invitation to offer then the consultancy may charge their fees as per their rules and regulations and you would be bound by that. However the terms of the contract must be spelled out in the beginning itself and must not be unconscionable.

Q: If gpa holder dies what happens ?

Sir my mother had 3.2acre land, were my father brought and written in her name, she made sale agreement with others in 2014 and I put a case after that for property share including this and other ancestral property, but in 2016 March court said that she can keep my money in court and get registered the property to buyer and I went to high court and asked for property only, by now she as taken full money and did GPA to buyer without keeping money in court and not informing to court, in April 2016, now in 2018 March she died after that I applied RTI for GPA copy I got it, in that she as taken money and in gpa some amount is shown in my brothers and sisters name they have also got money and signed in gpa, now I want to know GPA is not valid after people died now my lawyer informed the court that this GPA is illegal that without telling court they have done GPA,I want to know now that GPA is valid are not, I am now eligible to get share in that property, is gpa valid after death ?,and what happens to my case. Thank you.

Advocate Samyak Raj answered
A GPA is revoked on its own as the person in whose favour the GPA was executed dies unless some special clause or condition has been added whereby the GPA becomes irrevocable. A GPA vests much more authority in the hands of the GPA holder than the SPA holder and may be misused as it is not limited for any specific purpose but is wide ranging.