Advocate Shubhnit Hans

Questions Answered by Advocate Shubhnit Hans

Q: Procedure to revoke or cancel registered power of attorney

Am a Hindu by birth. A POA was given (duly registered before Magistrate) to my brother to deal in property matters some 25 Years back when I visited abroad for long settlement.Now I have returned and want to revoke or cancel the POA so given pls advise process.Shall taking over back the Origional POA be sufficient safety or some additional steps need be taken

Advocate Shubhnit Hans answered
You can revoke your power of attorney whenever you want, as long as you are mentally competent. This revocation should be in writing, signed by you in front of a notary public, and delivered to the other person or his lawyer. It should be at the same place where the POA was made. You also need to send the notice to other party.

Q: Can I appeal in the court if my company refuses to renew my contract

Hi, I joined central autonomous organisation as DEO as imprest basis for one year. then registered myself as DEO contract basis for one year via gency in same organsation tself. After one year again selected as Asisstant Accounts Officer again in DDA on contract basis but this time directly. One year complete in June 2018. But in the meantime new permanent AAO's are recurit under process. my age 31 plus having professional degree as required for the post. If they cancelled to renew our contract can i appeal in court. as i didnt get break after completion of 1st six months others get. what is my future in organisation i am tensed. Even the organsation recurit AAO who are mcom which is not esstional requirement according to their ad. For AAO they ask Professional degree like CA CMA ICWA MBAfinance & equivalent. and they take undertaking by Mcom candidates as equvivalent which is not. please suggest something.

Advocate Shubhnit Hans answered
There are always provisions in law. You can appeal but it all depends what is written in your contract. There are always some clauses in the contract which are favourable to the company. So in order to give you the complete opinion, I would need to go through the Employment contract.

Q: Complaint regarding cheque bounce on non payment of loan amount.

I have given my friend 1 lac rupees.He gave me cheque as security and told he will return the money in 30 days but he is not able to return now.He is asking me to wait and it's been over 5 months.The cheque doesn't have my name and date.The cheque does have Amount and signature. After filling the name,date,Will I be able to file a cheque bounce case and drag him to court ?

Advocate Shubhnit Hans answered
Yes you can do that. You can fill in your name and use the cheque as it was given as a security to you by him.Also, any kind of written proofs will be appreciated. Was there any written agreement between you guys regarding that amount of money.also, was it given by cheque or cash?

Q: How can I reunite with my husband if he has deserted us

My husband has left me at my parents house since one year without money and I have a daughter of one and half year old she is us citizen and he is giving my daughters papers and two days ago he has send all my clothes to me without informing me and he is not attending my phone I want to reunite if possible otherwise how can I be helped this matter. I am a Hindu

Advocate Shubhnit Hans answered
You can reunite. Firstly, you can lodge an FIR against him for your own safety and bringing it on govt. record that you have been suffering the same.secondly, you have to give me the following details:1. When did you get married?2. What does your husband do, what do you do?3. You still live in India or US?4. Any other detail you would think is relevant.

Q: Gave money to friend and now she is threatening to file a case ?

My ex-colleague borrowed money from me by telling me a lie. After that whenever I ask her to return it she gave me excuses like - she will withdraw it from ATM and will give it, she will give it tomorrow, etc but never returned it. Now when I warned her today that I will file an FIR, she said that she will file a case of harassing and threating against me as she has a recording in which someone is saying that I have told that person that she has scammed me. ( but I never said this thing to anyone). I am not affraid because I have done anything wrong but I am concerned that what should I do

Advocate Shubhnit Hans answered
Before I give my legal opinion, I need to know few things which are as follows:1. Do you have anything in written that you gave here the money?2. What is the amount of money lend to her?3. Every conversation you are having, is it written or oral? if oral, try to communicate everything in written.4. Its okay I understand that you must have not done anything wrong but we need proof to establish that she is wrong.Please furnish the answers to the above and I shall communicate my legal opinion to you.