Advocate Satyaarth Sinha

Questions Answered by Advocate Satyaarth Sinha (25+ answers)

Q: Question regarding rules for filing of new case in JMFC

A single application can be file to Magistrate for non registration of FIR & Defamation criminal complaint??And I have a litigant account on e-filing portal. So pls guide me to how to file new case from that portal? Pls tell explain all terms and details I have to mention there. In the act section which sections I have to mention?

Advocate Satyaarth Sinha answered
You have to file a private complaint for defamation. make a complaint, arrange the documents, make an index and arrange the documents. Scan the file do ocr and bookmarking and then file the case Be prepared for the presummonning evidence also

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 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 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 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 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.