Advocate Siddhant Jain

Questions Answered by Advocate Siddhant Jain

Q: Can property be sold now that the person has died after giving power of attorney? Who can override a

If an owner grants a power of attorney to a person and then dies without a will, is it possible for the registered POA holder to sell the property? Who can override a power of attorney for property?

Advocate Siddhant Jain answered
No, law does not permit selling of the property through power of attorney, be it a registered or a not registered. sale of property through power of attorney is invalid and illegal. the supreme court has held the same in a landmark judgment passed in 2011.

Q: Procedure to take divorce from wife who is not coming back

Dear sir, I had done love marriage in 2015 ,all the expenses of marriage reception was bourn by me and till date I have not taken a single penny from their side. after marriage my wife behaviour was changed towards me and my family, everytime she want to go back to her home. In aug 16 her father came and took her with him in the name of celebrating Rakhi . Till date she did not came back and when I call her she insist me to leave my parents and live seperately with her. But sir this is not possible for me to leave my family as I am the only son of my parents. I have also call my father in law regarding this but he also threatened me telling that ''court me baat karenge". Looking after this behaviour of their family Now I am also not interested to live with her. I want to take devorce. Pls suggest me what to do now..Thanks

Advocate Siddhant Jain answered
You can file an application under section 9 of Hindu marriage act for restitution of conjugal rights in case u want to restore the matrimonial relationship between u and ur spouse but in case u want to get separated only u can file for divorce under section 13 of Hindu marriage act on the ground of wilful dessertation. Forcing the husband to live separately from the matrimonial home is itself a ground for divorce

Q: My neighbour took Court Stay on construction in my house

I have house in bikaner almost complete except light fitting and wood windows installed. But my neighbour took court stay when we work of light fittings and other windows installation work he come with police and stopped these work I want to know stay on applicable on necessary needs like water and light fitting and wood installation work.

Advocate Siddhant Jain answered
you need to elaborate on the issue. usually the situation that you have described, doesn't call for obtaining a stay order because no construction on the external side is being carried out and hence no obstruction can be caused to your neighbour as such. if he is doing it only with the purpose of harrasing you or things like that, then you should file a stay vacation application and get the matter dismissed.

Q: What are the total expense/fees for title search of property?

Sir, i want to know about the fees or total expense to get the title search report of the property situated in jaipur.

Advocate Siddhant Jain answered
the fees or total expenses to get the title search report of the property situated in jaipur depends on the chain of the property and from where it is being derived and based on that lawyers charge their fees. but since your question is very direct, I shall do it for free for you.

Q: Involved in a case, will it effect my Govt job selection

Sir, one of the our neighbour wrote my name in complaint due to dispute between them and me. But in police inquiry it was found false. Now court calls me as a witness. There was no process of bail or arrest against me. Is there will be any problem related to my govt job selection

Advocate Siddhant Jain answered
you can file for anticipatory bail, if you have apprehension for being arrested. so far as the government job selection is concerned, you can give a detailed representation or give a legal notice to the concerned police station and the opposite party, contending that you should be exonerated from the complaint as it affects your future endeavours.