Advocate Satyaarth Balajee Sinha

Questions Answered by Advocate Satyaarth Balajee Sinha (25+ answers)

Q: Mutation through General Power of Attorney

Mr. Hussain Died leaving two sisters and one daughters ,During his treatment (paralyzed-incapacitated) his son in law made GPA and sold the property to his wife (The Daughter Principal (Hussain).Being Muslim ,Two sisters deprived from his brother property.What are the legal actions we can take against them if possible.....Regards

Advocate Satyaarth Balajee Sinha answered
Property cannot be sold through a GPA. There are many judgments of the Supreme Court and High Court saying the same. Property can be sold only through registered documents. Also, as per the Muslim law, a person on his death bed cannot transfer more than 1/3 of his property. So in the instant case, the transfer of property is illegal and can be challenged on multiple grounds.

Q: Not got promotion due to adverse remark in APAR

If reporting officer gave 5.6 marks along with adverse remark but reviewing authority upgarded the marks and gave 6.0 which comes under very good. Therefore departmental promotion committee does not considered the employee fit for promotion.

Advocate Satyaarth Balajee Sinha answered
If the Reviewing Officer has awarded you 6.0 then his marking prevails over the marks given by the reporting officer. Also, as per the settled law, adverse remarks cannot be given without any reason. It should be given in regard to a specific instance. If no such instance is there then the adverse remarks should be set aside.

Q: Can Registry be transferred to buyer or buyer has to do a new registry

Can Registry be transferred to buyer or buyer has to do a new registry

Advocate Satyaarth Balajee Sinha answered
The property can be transferred from one person to another by way of different instruments such as sake deed, gift deed, relinquishment deed, will etc. It depends on the nature and value of the property as well the instrument by which it is transferred to decide whether it needs to be registered or not.

Q: Partial Relinquishment of property share to sibling

Hindu family: 2 brothers co-own the property inherited from their father. Their undivided share is 50-50. One sibling wants to relinquish a portion of their share (25% share) in name of the other sibling without consideration. What is the legal instrument through which this transfer of share can happen? Will it be a relinquishment deed or a release deed for a partial share transfer?

Advocate Satyaarth Balajee Sinha answered
You can get it transferred through a registered relinquishment deed. The relinquishment needs to happen through a registered document otherwise it will have no legal consequences. You need to draft the relinquishment deed and visit the subject registry office and do the formalities.

Q: Request for Consultation Regarding Stipend Issue During Internship

I hope this message finds you well. My name is Sahil Chamoli and I am currently facing a situation related to my internship stipend that I believe requires legal guidance. I am reaching out to seek your assistance and expertise in resolving this matter.Briefly, I completed a one-month internship and was promised a stipend for my work. However, despite the completion of my internship, I have not received the stipend for the past two months.

Advocate Satyaarth Balajee Sinha answered
If you have received the promise for a stipend in your offer letter then you are entitled for the same. You may start by sending a formal email to your employer or by sending a legal notice. Apart from the principal amount of your stipend you may also ask for an interest in the subject legal notice.