Advocate Suneet Bhardwaj

Questions Answered by Advocate Suneet Bhardwaj

Q: Can grandfather make a will not to sell property after his death

Sir Mere grandfather apni will me ye clause dalvana chahte hai ki unle baad ye property koi sale na kr sake...kya ye possible hai

Advocate Suneet Bhardwaj answered
Yes , if your grandfather was the owner of the property and if you are claiming to be the owner of the property solely on the basis of the will then you will have to abide by the terms of the will and any person who is staying in the property may object if you try to sell it and such sale can be declared null and void . However, you can gift the property . The property can also be sold after you will it in some other persons name but such a will can only be effective after your death

Q: Uncle left property in my mothers name how to make title transfer

We are living in house and property is in my Tau Ji who expired last year 2015. My father and Tau Ji were only sons of my Grand Father. He was not married and in the year 2000 he write a will (registered) and transfer/gift half portion of property to my mother. Half portion is still lying in his name. Actually my father bought that property and due to love and affection with my Tau Ji same was titled in his name. We are living in same property since bought. Please advise how can we transfer title in our/my mother name. We belongs to Hindu family.

Advocate Suneet Bhardwaj answered
As per Hindu succession act , all the legal heirs of ypur tau ji are entitled to an equal share in the property . The legal heirs will have to obtain a letter of administration from the civil court and get the title in the property transfered in their names on the basis of the letter of administration

Q: Writ for quashing FIR was disposed can I file the writ again

Earlier a writ under Article 226 for quashing of FIR in a 498A matter (filed in UP) was disposed as not pressed since our counsel stated that let this petition be disposed of as not pressed. The case was not fought on merit by the counsel though that was not intended by me and naturally the relief I was expecting was no received. At the point when such petition was presented the matter was under investigation. The matter is still under investigation, now can a new petition under 482 for quashing of FIR can be filed again? Most of reliefs claimed under new petition would be same be same.

Advocate Suneet Bhardwaj answered
Yes you can file it a fresh as there is no limitation to the number of quashing petitions one can file . However take care to mention that you had filed an earlier petition which was not pressed by the previous counsel without any instruction from you .

Q: Can i apply for govt job when case is pending against me

Dear sir,...I am 21 years old and in a govt job but know under suspension.just because last year my girlfriend put up a fake case on me u/s 376.I got arrested by the court. after 4 months, I got bail. know result awaited. everything is in my faver. Sir my question is this can I apply for a new govt job while my case is under trial or I'll have to wait for the judgement.

Advocate Suneet Bhardwaj answered
Yes you can apply for the job but you will have to disclose the pendency of the case in the application form . However, you can't join before you are acquitted of the charges and no appeal has been filed against the order of acquittal

Q: Property mortgaged borrower died how can legal heirs claim property

a co-operative bank sanctioned a personal loan against the deposit of original title deed. The borrower and one of the guarantors expire. There are four inheritors of the property; one among them is the surviving guarantor. The surviving guarantor pleaded inability to repay the loan and bank is threatening the inheritors that it will auction the property and the highest bidder who pays bank's dues will be handed over the deed. Bank's dues on date is Rs 7.80 lacs and value of the property is around Rs 70.00 lacs.(govt. valuation) What should the inheritors do?

Advocate Suneet Bhardwaj answered
The bank can legally take physical possession of the property and auction it as the loan is a secured loan and the property is a secured asset . The surviving guarantor is liable to pay the due amount . Very soon the bank will serve the guarantor and inheritors with notices under the sarfaesi act for taking over the possession of the property . In such a situation , the inheritors should approach the debt recovery tribunal and get a stay order to stop the bank from taking over the possession of the property and ask for time to pay the due amount . You can also ask the court to waive off interest and penal charges imposed by the bank .