Advocate Suresh Kumar

Questions Answered by Advocate Suresh Kumar (25+ answers)

Q: REGISTER OFFICE RECORDS AND SALE DEED ARE SAME SHOWING16/1efor3cent

The survey number 16/1( land area 7.75 cents)was subdivisioned on 04/10/1990 in to 16/1 e (3 cents)and 16/1h(4.75cents).While registering in sub register office for 3 cent,it was registered as 16/1e in the sale deed and sub register office records. but In the EC it shows as 16/1h.How to correct this? who has to correct ?What is the procedure to correct this mistake.Already 16/1h is exist.How it comeagain into 16/1h.Who has done this mistake. Please give a correct solution with procedures.

Advocate Suresh Kumar answered
First you need to identify the Source of the Mistake to determine where the error originated. This could be either at the Sub Registrar's Office during the registration process or during the creation of the Encumbrance Certificate.Then you need to gather Necessary Documents including the original sale deed, any subdivision approvals, and the Encumbrance Certificate.With the available documents you should approach the Sub Registrar's Office and explain discrepancy between the sale deed and the EC requesting them to rectify the error by filing a formal Application along with all documents proving the error.Upon verifying the documents and inspecting the premises the Registrar shall acknowledge the error to initiate the process to correct the records. Once the correction is done, request a revised Encumbrance Certificate. Verify that the corrected certificate now reflects the accurate survey number.

Q: Crime branch refuses to file FIR

Hello, I have a genuine case of Land grabbing/embezzlement by my neighbor using forged boundaries. When I approached the crime branch police with a complaint they are refusing to file a FIR and referred the complaint to the local police station. I want to know what are the legal options available for us to proceed further. Thanks

Advocate Suresh Kumar answered
You shall escalate the complaint to higher authorities with the proper proof and evidence. If no action despite the escalation, you can file a petition before the court for direction to register the FIR.Concurrently, file a civil suit for declaration and injunction to assert your ownership and challenge the forged boundaries.

Q: Gift deed or Will for property transfer

My mom has 2 sons ( I am younger son) She owns an empty plot of land and she wants to gift it to me. Property was bought by her with her savings. Would like to know if Will or Gift deed, which is better option legall as well as in terms of registration charges

Advocate Suresh Kumar answered
Choosing between a Will and a Gift Deed for the transfer of your mother’s property depends on several factors including immediacy of transfer, tax implications, and registration charges:A Gift Deed transfers the property immediately, whereas a Will takes effect after the demise of the person making the Will.A Gift Deed transfers the property immediately, whereas a Will takes effect after the demise of the person making the Will.Registration of gift deed involves stamp duty and registration fees which is costlier than will registration.Gift deed cannot be revoked but it is not the case for will as it can be changed in any moment by the executor. Considering the above facts, I suggest gift deed is the best option though there is a cost involved.

Q: Capturing video of my family member while taking pet for a walk

We are residing in a apartment at 5th floor , we have pet dog dalmation breed . one of the person living in 4th floor keeps on taking video of our family memeber taking dog for a walk and sharing it in whatsap group . now he had installed cctv camera in his balcony covering the common area(ground floor) of the apartment. capturing our dog walking videos and sharing it in whatsap groups.even though we follow PCA rules on cleaning up the dog poops . he is continuing it . how we can complaint ?

Advocate Suresh Kumar answered
To address the issue of a neighbor recording and sharing videos of your family and pet, first raise a complaint with your apartment association or management, citing privacy concerns and harassment. Most associations have guidelines on the use of common areas and CCTV installations. If this doesn't resolve the issue, consider sending a legal notice through a lawyer and keep a record of all incidents and steps taken for resolution. As a last resort, you may file a police complaint for harassment and unauthorized surveillance. Ensure that all your actions as a pet owner are in line with the apartment's rules.

Q: Grand father property dispute clarification

My Grandfather had 2 Sons and 1 Daughter. Eldest of the Son passed away around 1970 before Grandfather death in 1987. Remaining one Son and One Daughter also passed away recently. There is a ancestral property on Grandfather name which we want to sell. Please clarify if the Sons & Daughters of the Son & Daughter who passed away after the death of Grandfather are the willful owners of the property under Shariath law as we are sunny muslims. Do note that wife of the eldest son is still alive.

Advocate Suresh Kumar answered
Under Sunni Islamic law, after your grandfather's passing in 1987, his property should have been distributed among his surviving children and the heirs of his predeceased son. Currently, the rightful owners of the ancestral property are the children of your late uncle and aunt, and the surviving wife of your eldest uncle. To confirm legal shares and ownership, consider a family settlement or a legal partition suit in case of disputes. It's crucial to gather all necessary documents, including death certificates and property papers, and consult with a lawyer specialized in Islamic law to ensure fair distribution as per Shariath law.