Advocate Shohit Chaudhry

Questions Answered by Advocate Shohit Chaudhry (25+ answers)

Q: Provisions for canceling a fake mutation involve understanding how to cancel a wrong mutation?

Hello Sirs/Madams. My father is one of five children, and my grandfather built a house in India after the partition. Four of his children were gradually asked to leave, leaving only one child (my chacha) with my grandfather in 1985. My chacha made a fake will favoring himself and his wife, and he completed a mutation in 1998, although my grandfather passed away in 1987. My chacha and his family have lived in the property since then. The other original heirs have not claimed their share until now, but some need funds and are requesting an amicable partition. However, the family of the deceased chacha claims legitimate ownership based on the fake will, mutation, and what appears to be a fake title deed showing ownership in his and his wife's name. How can we cancel the wrong mutation? What is the process for the application for cancellation of mutation? How do we stop the mutation of property, and how long do such cases typically take to resolve? The property is in a prime location in Delhi and is estimated to be worth over INR 5 Cr.

Advocate Shohit Chaudhry answered
You first need to pursue with the relevant Municipal Department and get the mutation cancelled. In case there was no 'NOC' taken from the other legal heirs, you have a good case for the same. Of course, one has to see the documents before advising completely. Time taken is directly dependent upon effort put in and pressure created. You will have to fight for your rights.

Q: What to do if there if property dispute

My father was staying in the house of his uncle since last 30 years. After his death and his uncle's death, this property is still not gifted/ registered in our name. Although, whole family/ neighbour are aware of that this flat was given to my father as a token of love for taking care of his family. Now, my father's uncle's family members have given no objection to transfer the property in my father's cousin name to dispose off the property in full. He is giving us share which is very less than the market price. Can we oppose in the court of law without any registered documents or claim our right for right amount of share being the occupant of the said property for more than 30 years? Pls advise the legal route.

Advocate Shohit Chaudhry answered
Yes. While appropriate advise can be given only upon examination of documents, it appears that you have a good case on merits. However, this must be contested and you must stake your claim and fight for your share / market price.

Q: Legal action against placement agency for fraudulent act

What should I do froudy placement agency against action this agency take money to job promise to amazon comapny i want back my money whatetver i dont know legal procedures what should I do

Advocate Shohit Chaudhry answered
There is an option of both civil and criminal action. Civil is for recovery of money, while criminal is for punishment. Also, depending on the nature of the entity, suitable action can further be taken. Further advise can be given upon having a look at the communication between you and the placement agency and other documents.

Q: Rights of grand children on the property of maternal grandfather

My mother died before her father's demise. Her father purchased a property. My mother was having 9brothers and sisters. One of my maternal uncle was occupying the house. Understand there was no will and partition deed have not been done. Now the said property has been given to builder on development. Can we have a claim on the said property as grand children and my mother expired before my grand father expired. I need your advice. Thanks

Advocate Shohit Chaudhry answered
Assuming it is a Hindu family, yes you can. While it may take longer and be a tough fight, it can be done. Daughters / women have a right to ancestral property. We have filed several suits for partition of Property and assisted in rights of women being claimed from their families.

Q: Friend's room partner used my credit card and not paying money now.

Hi, Good Morning!! A friend's room partner used my credit card and is not paying the bill. He borrowed the card to use for 60K but used it for double amount without permission or intimation. He was always promising to pay in one month but never paid. I had to go for settlement and paid the amount to bank. After that also I have been following him for my money and he has paid some amount and still 70K is not paid. I have recordings of what he has said to me on phone where he says how he will make the payment. Beside, he has also given me a written note signed by him that he will pay the amount outstanding. Now, he is not picking up the call. Please suggest, if the amount can be recovered and if yes How? Also confirm how much fees you will be charging for this help. Thanks & Regards,

Advocate Shohit Chaudhry answered
You must first send a legal notice and then if required filed a criminal complaint and / or a civil suit. Alternatively, pre-litigation mediation can also be attempted. The note helps you a lot. Yes, the amount can be recovered. Professional fees only on personal request.