Advocate Saqib Gigani

Questions Answered by Advocate Saqib Gigani

Q: can we reclaim property if sold without consent of the other cousins

my sister's brother in law is going to sell some property owned by his mother. my sister wants her equal share of that property before the deal gets executed. now they are going to sell the land which is more fertile and useful, which would be wrong according to my sister as remaining land would be of no use in terms of farming. she is asking to divide all the available property equally among both of the brothers(her husband and brother in law).so if her husband doesn't oppose his older brother's decision for going against my sister's will and sells the fertile land, can my sister claim on the property with some law suit application to stop the deal and get her equal share of that property?

Advocate Saqib Gigani answered
First of all you need to know under which succession law is sister being regulated. It can be either personal law or indian succession act. Once she comes to know that she will know which class of heir does she belong to and what right will she have.on the other hand if your sisters husband is not acting with her then the major issue may arise. Regards, Saqib Gigani.

Q: water leakage from above flat and damaging ceiling .

I Jayesh residing in flat no. 201. This is regarding leakage problem from above flat 301. There is continue water dropping from the ceiling of my bedroom, Kitchen and passage in front of bathroom. This leakage problem is from last 15 days as I requested the above flat owner to please do the need full and stop the leakage. Since several request done to the owner the leakage has not stopped. They are not taking necessary action.Please advise me what step to be taken forward. Please also provide information about supreme court judgement on water leakage from upper floor flat in similar case.

Advocate Saqib Gigani answered
Sir/Madam, With reference to your query depending on the situation where you reside you can approach society and owner in writing for the damages you have incurred. If there is no society you may approach local municipal authorities and also file a complaint against owner. You can further claim damages for the damages your have incurred in your house.For further queries you can contact me.

Q: Divorce required due to domestic violence and it’s not mutually

Hi I m Indian citizen got married in kenya in 2016 but was physically abused by husband so I need divorce but he isn’t ready to give so can I file from India. We did court marriage in kenya.

Advocate Saqib Gigani answered
Madam, With respect to your query you have not mentioned whether you husband is Indian citizen too? 1) If yes, under Section 188 of Criminal Procedure Code any when an offence is committed outside India-(a) by a citizen of India, whether on the high seas or elsewhere.(b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found. 2) If not, you will have to contact Indian embassy in Kenya and also in India showing grievance.For further information on the same you can contact me at [email protected].

Q: Should company equity be divided with silent partners

I had an idea and approached a friend. He advised me to make the product more technical and since one year both of us have been preparing the product. Now the product is ready. He recently told me he would not be coming back from Germany now. Now that the product is ready its all upto me to find funding, execute, expand and everything from now on. His job would be limited to product refinement and upgradation if required and would be further zero after we hire a tech team. We are discussing how much equity should we both share? As he developed the product and has stepped aside. Should he be given equal equity as me who will life long be working on the project?

Advocate Saqib Gigani answered
Sir/Madam, Looking at your current situation at hand as you said your friends job will be restricted to product refinement and upgradation. But until you hire tech team you will need your friends expertise unless and until you can manage it on your own. And if you cannot manage it on your own it will not be a good potential idea for your business to leave your friend behind. It is of utmost importance to give your friends a deal which will may not look bad by justifying your maximum participation in the company.I hope my answer will resolve your query, for further assistance you may contact me.

Q: Can a flat be sold without the sale deed

I purchased flat 4yr ago. That time agreement to sale was done but sale deed was not made. Now I want to sell this flat but don't have the sale deed of flat. What can be done?

Advocate Saqib Gigani answered
Sir/Madam, With respect to your query an agreement for sale of an immovable property is not the same as a sale deed for the same property. An agreement for sale, is an agreement to sell a property in future whereas Sale deed create the instant right in favour of a person. if you have purchased any property under any agreement for sale, without it being followed by a proper sale deed, you do not get any right or interest in the property purported to be transferred under the agreement of sale as per Section 54 of Transfer of Property Act, 1882. In your case you will need a advocate who can show you the proper line of action.Warm Regards,Saqib Gigani.