Advocate Suresh Shivaji Dhamane

Questions Answered by Advocate Suresh Shivaji Dhamane

Q: What is the fastest process to claim and recover money

I have constructed a property under, signed agreement and contract ( oct 17) of totavalue Rs.3640000/- with one man under my company.As per the clause that man was supposed to give 50 % on confirmation of order.But he cheated me by giving me false assurance & till completion of 90 % of work,he gave me Rs.2000000/-only. and when 10 % work was balance, he removed me without any intimation from the site & got the work completed with another contractor.Also the material kept at site was also used by him without my consent,which was laid by me to complete the work. as I am in debt of 10 lakh rs.,Complaint done to Police was of waste,as nothing has been done as polic treated as the civil complaint. Now i have moved to civil court to recover my balance money,what can be done further so that the money can be recovered fast, because this was intentional , cheating ,breach of trust done by him. Please suggest to get me the loss recovered fast?

Advocate Suresh Shivaji Dhamane answered
Dear Sir, In now day, if we recover money from any persone it is more time consuming, therefore under Civil Procedure Code alredy have provision under which we have remedy to recover amt. by summary proccedure, or you may, by moving enforcement authourity will recover speedly...i have way to recovery fast. you may contact me. Thanks You

Q: What if my brother is not sharing my share of profits through rent

We have faimly property , the name on Index 2 is of mother, brother, and me. My brother kept a tenant in the property and now tenenant and brother are not giving me rent which is my right ( as my name is mentioned in property ) both are refusing and saying " do whatever want to do we would not give rent " I want to take legal action

Advocate Suresh Shivaji Dhamane answered
Dear Sir, Madam, you have remedy under specific relief act, you are lible Mense Profit from your brother since from property in her possession, you are lible to all accounts of property concern which is your joint family property. you need first ask to your brother by way of legal demand.after that you may go before proper forum for seeking reliefs which is you mentioned. Thanks

Q: Pregnant with father of the child refusing to marry

I was in a relationship with a person for 4 years . I don’t have any proffs or evidence regarding him promising me to marriage but I have photos , call logs and messages . I am around 1 month prengnant and now he is not ready to marry me despite making me prengnant . Plse guide me what I can do

Advocate Suresh Shivaji Dhamane answered
Dear Mam, First of all you do make request to your proposed husband to marry with me, if, after that he refusing to marry with you, after that you have remedy under Indian penal code, against the that person. But in that case your image will be down, if you don't want that or you have no any way out then don't give birth to your child. Thanks

Q: Got possession of less area than the agreement, what to do?

Have received lesser area that what is mentioned in the agreement for redevelopment property

Advocate Suresh Shivaji Dhamane answered
Dear Sir!/Madam, If any agreement not as per law, then that document is void and unenforceable by law. In your case and facts law provided various remedies for preventing your loss or recover your losses from vendor. Thanks

Q: Can daughter claim a share in the father's inherited property

My father has died in 2016 without any registered partition deed . He has inherited a plot of land from his father. After his death , we are two brothers and one sister and mother as successors. Brothers are denying to give share to me as a sister. I have a query. 1) If my mother dies without will ,and if the property remains in the name of father only till her death .In that case , whether it will be transferred between three children ? ( 2 sons and 1 daughter) . or 2) even if her share in the plot of land is not transferred to her name till her death and if she makes a will before her death in that case how it is effected. Please reply

Advocate Suresh Shivaji Dhamane answered
Dear Madam, And. of your first query, :- Children's including daughter have equal share in the property of father even it is ancestral or selfaqured. And is, in the case of Will, if you want make a will, you must be have a property in your own name if not then Will is null void. More particularly it is depends on facts and nature of the property. Thanks..!!