Advocate Sunil Kumar

Questions Answered by Advocate Sunil Kumar (25+ answers)

Q: How can I sell a joint property if the other partner doesn't want to sell it?

Sir, I have a leasehold commercial property jointly owned by my brother and me in central Delhi. I want to sell the property due to financial constraints, but my brother is not willing to sell. What should I do in this situation, as I urgently need the funds for my survival? Specifically, can a joint property be sold off without taking the consent of the other owner? Can a jointly owned property be sold by one owner? Kindly help me.

Advocate Sunil Kumar answered
Legally you can't sell a lease hold property if the terms in the lease deed are not permitting the same. Secondly if you want to sell lease hold rights you have to take either No objection from your brother or if the property is ancestral you can claim partition through giving a notice and filing a suit.

Q: What is the right time to hand over xerox copies of property documents? Specifically, can a xerox of

Hi, I have a property in Delhi that I agreed to sell last week. Without signing any agreement, the potential buyer gave me Rs. 1 lakh as token money and is now demanding xerox copies (marked crossed) of the property, as he wants to make a Bayana. I want to know if it is legally right to hand over the documents or if I should refuse and tell him that we won't hand over anything until the Bayana is signed and we receive at least 10% of the total sum as insurance. Can xerox of the sale deed be misused? If a xerox of property papers is given to a broker, is there any problem? Please guide me through this process.

Advocate Sunil Kumar answered
On sighing a byana deed a Bayana is moved and then contract to sell mature. With out completion of Bayana deed no documents required to give. You can only show them to the other party.As agreement to sell is completed only after giving and taking of Bayana.

Q: Is Canada Issued Death Certificate not valid in India

Indian Origin Canadian Citizen died in Canada and the heirs wanted to claim the property but due to some issues raised by their relatives in court.As per Court the Death Certificate issued by the Canadian authority is not valid in Indiaow true is it and if its correct how to get it authorized/approved as per Indian law

Advocate Sunil Kumar answered
Death Certificate issued by Canadian Authorities will be Acceptable in Indian Court after it's due Verification by Concerned Embassy in India or the authority prescribed by Concerned Court Subject to its Satisfaction.

Q: New owner is not transferring vehicle and delaying by excuses

I have sold my commercial vehicle/taxi in 2020 and still new owner is not transferred vehicle in his own name.what can i do i don't want to pay to get my vehicle back and also didn't want to get my vehicle back.is there any way that i cant trouble me in future as i am moving to another city?

Advocate Sunil Kumar answered
Yes it can trouble in future if the Vehicle is not transferred in the name of Purchaser.Any Challan or offence committed by the said vehicle will create the Vicarious Liability in your name I.e. Registered Owner.you hv do one thing to give one legal Notice to the Purchaser and Copy to Transport Authority and SHO OF concerned Police station regarding sale of said Vehicle to avoid your future liability.thanksfeel free to ask more queries if any.

Q: challenging registered will deed

my mother bequeath her house to my sister only who's taking care of my mother after my marriage she is refusing to give me nothing nd out of nowhere is produce a registered will which has my mother signature and photo and witness in will told me about this that my sister played an active role in executing the will and she is with my mother in sub registrar nwill is registered before 2.5 years before my mother death can I challenge this will does I have any changes to win the case

Advocate Sunil Kumar answered
please make clear the following things :_1. property whose will has been made was a self acquired or inherited ?If property is self acquired then no point to challenge, unless the same has been procured by fraud, undue pressure or by illegal means.If property is not self acquired and is inherited one ,then will is not valid and in that case property will be devolved as per Succession. Act.ThanksFeel free to ask any more enquire.