Advocate Sunil Paul

Questions Answered by Advocate Sunil Paul

Q: Self earned property transfer from Father to son

Hello Sir/Madam,Need your suggestion on my below situation/case:1. When I was abroad 2-3 years back I purchased a agricultural land property and as I was not in India, the sale deed and registration was made on my Dad's name. I have paid the full sale amount from my salary savings. 2. I have mom and 2 brothers - both brother are married and have kids as well.I'm also married and have a kid.3. Now I'm back to India and planning to get the property transferred to my name. For the property transfer, what is the best way to go - sale deed or a gift deed? or any other better option?4. For any of the above options, do we need signature of my mom or brother or bhabhis?Looking for your valuable suggestions.

Advocate Sunil Paul answered
In your case gift deed is the best option.Another option if father is having other properties you can try a family settlement of all properties along with the present property.gift deed signature of of other legal heirs not necessary.

Q: Regarding a complaint registered on me for a Facebook post

I commented in a sarcastic way about a region. An organization have registered a case against me in a place located at 300 KM from my place, They are claiming that I have insulted there region and also some celebrities as I had mentioned their name in the post. IS THIS A PUNISHABLE OFFENSE?? PLEASE HELP....

Advocate Sunil Paul answered
It is a punishable offence.Please sent an apology explaining that what was your real intention and withdraw the complaint.If they do with draw their complaint it is fine.Otherwise you have to engage lawyer there and defend your case.

Q: Legal remedies against infringement of trademark

I have a online company which delivers boxes of roses as customized by the customer called "Lush". I have found several new companies of similar types copying my logo. What do I do to stop them from doing so.

Advocate Sunil Paul answered
you can file a passing off suit for violation of trade mark.in case you have registered your trademark you can file suit for trademark infringement.i can provide those servives pliease come for appointment

Q: What precaution can i take if cheque gets bounced

I had issued the security cheque at the time of taking for rent and I cleared the amount by transferring to bank and I didn't take the cheque back. It's almost 3and half years back I paid now the owner is threating me to vacate which I asked for time has deposited the old and it's dishonerd. Can police arrest me because owner has high influenced. What precaution I should take please advice me ?? Thank you

Advocate Sunil Paul answered
If you have given a cheque 3 years back as security cheque do you have any other supporting document to prove[mail,letter,sms,whatsapp]to support that it is a security cheque?If you have given a blank cheque 3 years back please verfy that all banks hve cancelled their old cheque leves and new cheque leaves are issued.If it is an old cheque bank will not accept it.If it is dishonoured the owner has to send a statutory notice through a Lawyer.In that event you can dispute the cheque stating that the entries made in the cheque are not in your handwriting which is fabricated by the owner.You ca file a cheating,criminal breach of trust case against the owner.The police has no jurisdiction on rental,cheque cases.It is not a case fit case for police to arrest you.If police is harassing you for this matter you can file a case against the police before The Honourable High Court.

Q: Complainant against the comments from the fake account.

recently, i joined a gym. the very first day of joining the gym i wanted to quit. so i requested the gym owner for a refund holding some amount. but the gym owner started abusing me. also threatened me. so i left the place. and the next day i gave negative reviews for the gym using 3 new GOOGLE IDs since hje had threatened me. although the comments do not contain any abusive language. now the owner is threatening to raise a complaint at the police station. also i doubt he has bribed the police. they told me they will file a case against me under IT act. they are threatening me to remove the reviews. but i do not remember the ID or the password. what do i do now

Advocate Sunil Paul answered
You have to contact Cyber Police Station, Bangalore.You can access it through google search.They can help you.You can file an on line complaint also.You have to explain your true set of facts and threatening of Gym owner.Making fair criticism/comment is not defamation.But if you intentionally do a review to defame a gym it will be a defamation.The Honourable Supreme Court has Struck down Section 66A from the IT Act which was much misused by people ,false police complaint and police have arrested so many people.If you have genuine case you can proceed with Cyber Police.i