Advocate Siddharth Pandey

Questions Answered by Advocate Siddharth Pandey

Q: Plot fraud in lucknow which is happened in 2024

My family purchased a plot worth ₹19 lakh and paid ₹15 lakh from savings (including a personal loan). We were informed that only a small additional loan was required, but a ₹24 lakh home loan was sanctioned. The registry was completed in October 2024, yet the total amount paid far exceeds the property value. We have been paying EMIs on both loans for over a year. We have bank records, loan documents, registry papers, and call recordings. What legal action can be taken to recover the excess amoun

Advocate Siddharth Pandey answered
From the facts stated, it is first necessary to ascertain where the ₹24 lakh home loan amount was actually disbursed. If the excess amount has been wrongly paid to the builder, seller, or diverted due to misrepresentation by any person, appropriate civil and criminal remedies may be available for recovery. Therefore, before advising further, kindly clarify: 1. To whom was the ₹24 lakh loan amount disbursed? 2. Was the entire amount credited to the seller/builder, or was any portion credited to your account or another account? 3. Do you have the loan sanction letter and disbursement statement issued by the bank? These documents will help determine the proper legal course of action

Q: Addition of our mother in late brothers List of family members

Due to our ignorance our Mother's name was left out from late brother's List of family members issued by SDM Gzb. How can I get the same corrected. Can I get a succession certificate issued. What would be the process, costs and timeframe for getting the same with our Mother's name

Advocate Siddharth Pandey answered
You may first submit an application before the concerned SDM, Ghaziabad, seeking correction/amendment of the Family Member Certificate (Parivar Register/Legal Heir Report) and inclusion of your mother’s name. Along with the application, annex the death certificate of your late brother, Aadhaar cards, identity proofs, and documents establishing the relationship. If the omission occurred due to an inadvertent mistake, the SDM can issue a corrected report after verification. If any authority or institution insists upon a Succession Certificate, the same can be obtained by filing a petition under Section 372 of the Indian Succession Act, 1925 before the competent District Judge. A Succession Certificate is generally required for movable assets such as bank deposits, shares, insurance claims, etc., and not for immovable property. Normally, correction before the SDM may take about 2–8 weeks, whereas proceedings for a Succession Certificate may take around 4–8 months, depending upon issuance of notices and absence of objections. Government fees are nominal; however, court fees and professional charges vary according to the value of the estate involved. Therefore, your first remedy should be to seek correction of the SDM-issued legal heir/family member list. A fresh Succession Certificate is not mandatory merely because your mother’s name was omitted from the said list. If the SDM declines correction or there is any dispute among heirs, appropriate proceedings before the competent civil court can be initiated

Q: Builder is failing at all levels to deliver what was promised

1. Under-designed grid causing 140V drop2. No fire drill, extinguisher missing in 1 complete block.3. Puppet RWA, no one in society knows who RWA members are, no GBM since I moved 3 yrs back, no ealection. Builder only controls and take unilateral decision.4. Common parking space given to commercial gym where outsiders are allowed.5. Swimming pool, Gym, Children play area, club house never started/opened.6. Forceful prepaid app for maintainance and eletricity

Advocate Siddharth Pandey answered
If the builder has not provided promised facilities such as the swimming pool, gym, or clubhouse, if proper fire safety arrangements are lacking, or if the builder is still running the society without proper participation of residents, a complaint may be filed before RERA and other concerned authorities. Matters relating to RWA elections, maintenance, management, and use of common areas are governed by the Uttar Pradesh Apartment Act, 2010 and its rules. After examining all relevant facts and documents, appropriate legal action can be taken

Q: Chain of title / document

क्या आप किसी शहर या गांव की किसी गाटा संख्या की सर्टिफाइड chain of title दिला सकते हैं

Advocate Siddharth Pandey answered
हाँ, यदि आप संबंधित भूमि की गाटा संख्या, गांव/शहर, तहसील एवं जिला की जानकारी उपलब्ध कराते हैं, तो उपलब्ध सरकारी रिकॉर्ड और रजिस्ट्री दस्तावेजों के आधार पर उस भूमि के स्वामित्व का पूरा इतिहास (Chain of Title) जांचा जा सकता है। आवश्यकता होने पर उप-पंजीयक कार्यालय (Sub-Registrar Office) तथा राजस्व विभाग से प्रमाणित प्रतियां भी प्राप्त की जा सकती हैं। इससे यह पता लगाया जा सकता है कि जमीन का मालिक कौन-कौन रहा है और स्वामित्व किस प्रकार हस्तांतरित हुआ है। रिकॉर्ड की उपलब्धता तथा संबंधित क्षेत्र के आधार पर इस प्रक्रिया में लगने वाला समय अलग-अलग हो सकता है।

Q: Someone is planning to attack on my parents who is residing in Jaunpur

Kindly suggest how to be safe my parents and property from attacker in cousin family members

Advocate Siddharth Pandey answered
Agar aapko apne cousin ya family members se apne parents ya property ke khilaf kisi tarah ka threat ya attack ka dar hai, to sabse pehle property ke saare documents aur title papers ko surakshit rakhein aur unki copies bhi sambhal kar rakhein. Agar koi zabardasti kabza karne, nuksan pahunchane ya dhamki dene ki koshish karta hai, to turant najdeeki police station mein likhit shikayat dein aur uski copy apne paas rakhein. Messages, call recordings, photographs ya kisi bhi tarah ke saboot ko sambhal kar rakhein. Agar jaan ya sampatti ko vaastavik khatra ho, to police protection ki maang ki ja sakti hai aur avashyakta padne par Civil Court se injunction (stay order) lekar vipaksh ko aapki peaceful possession mein hastakshep karne se roka ja sakta hai. Kripya yeh bhi batayein ki property self-acquired hai ya ancestral aur kya is sambandh mein koi case ya vivaad pehle se chal raha hai, taki sthiti ke anusaar aur adhik vishesh kanooni salah di ja sake