Advocate Sandeep Darda

Questions Answered by Advocate Sandeep Darda

Q: Want clarification to transfer my grandfather's property on my name

My grandfather sell my home to one Hindu person in 1976. He sell through registered. he not live in my house. My family live in that home from 1976 to till . And in city service have my father name. What chance to get mi my home. ? I belong to Muslim family

Advocate Sandeep Darda answered
Yes you can get the house vacated by filing proper procedding against him in the competent court of law. If the house under the rent control act then the provisions of rent control act prevails over the provisions of transfer of property act

Q: Procedure to apply for annulment of marriage

Dear Sir, One of my relative ( bridegroom) was married with an unsound mind by way of suppressing the fact of bride suffering from schizophrenia from last 5-6 years. The said schizophrenic issues was discovered within one week of marriage bu bride side, however, groom side wrong presented the thing in other manner saying this is temporarily sickness etc. After some time, when we forced them to give medical paper, they provide us one doctor's prescription wherein 3 tablets of high does of schizophrenia was suggested. The said marriage was arranged one, pls. let me know whether bridegroom can demand annulment of marriage on the said basis. 

Advocate Sandeep Darda answered
Yes I the bridegroom can file the procedding against the bride for annulment of marriage provided they both are Hindu under section 11 of Hindu Marriage act by submitting necessary documents which are required for proving the case

Q: Procedure to get power of attorney of flat from the son

My son has flat in Thane. He has gone to USA for a project work and will be back next year around December 2018. Can he give POA to me from there. Please let me know the procedure for the same. We are Hindu by religion.

Advocate Sandeep Darda answered
Son can give power of attorney from his residence in foreign country to his Father recoding in India to sell out the property. Duly registered as per the provisions of registration act prevailing in that country

Q: How to recover the machinery I gave to the client as he is not paying

i had sold 5 machinerys to a person with legal aggrement to pay a amount of 5.5 lakh, of which he paid 50,000 on the day of agreement and agreed to pay the remaining 5 lakh after a month. He gave a cheque of 5 lakh . But after one month , he asked to give one more months time to arrange for the money. After 2 months now he still is asking for the time. The person whenever was called up has tried to avoid the the call .He have to go his office and ask when he is returning the money.Each time he tries to tell us that he know what problems he may face if the cheque bounces but it seems he is just trying to fool us. We want to cancel the agreement, as there is not more trust that he will return pay the money.Please help how to start the process to cancel the deal with him and get back our machinery and we would not return the paid 50,000 as he has caused us loss of better clients who could have purchased it.

Advocate Sandeep Darda answered
By filing a civil suit in the competent court for getting all the relief on one suit that is that is cancellation of agreement recovery of 5 lakh Rs. Or in alternative get back the machinery, loses damages etc.

Q: Wants to transfer father's flat on his name other brothers given NOC

My father left a flat (Pune City) to me (his daughter) and remaining property to his 2 sons. Both my brothers are in good terms with me and they have given a no objection letter to the provisions of the will so that I can transfer the flat in my name. Now to transfer the flat transferred in my name do I require a probate? My understanding is probate is not required to transfer the flat in my name in Pune City (Maharashtra) if all the legal heir in the will provide an affidavit that they do not have any object to the provision in the will. Is my understanding correct? Kindly guide me. Thanks,

Advocate Sandeep Darda answered
Your understanding is correct that probate is not required to transfer the flat on Pune City (Maharashtra) if all the legal heir in the will provide an affidavit that they do not have any object to the provision in the will.