Advocate Utkarsh Singh

Questions Answered by Advocate Utkarsh Singh

Q: HinAfter my father's demise we are 4 sis and 1 brother with our mother. He sold the property without

HinAfter my father's demise we are 4 sis and 1 brother with our mother. He sold the property without our consent and keeping all money to himself. Mother is illiterate so she doesn't know if she has given the power of attorney to him without her knowledge. Can we challenge it and what's the procedurenThanks

Advocate Utkarsh Singh answered
Yes you can challenge it through a competent court. Since the brother has already sold the property you now have the option of filing a civil suit for cancellation of sale deed of the said property. Your ground for this suit would be that the Power of Attorney was signed under misrepresentation or duress or it was forged. Simultaneously you will also need to file a suit challenging the authenticity of the Power of Attorney based on the above ground. You can also lodge a police complaint under section 420 IPC, etc.

Q: I am planning to buy a property but the owner doesn't have the allotment letter. He does have a poss

I am planning to buy a property but the owner doesn't have the allotment letter. He does have a possession letter and the registry is in his name. Should I go on to buy this property?

Advocate Utkarsh Singh answered
Allotment letter is usually signed between a builder and the buyer. It does not guarantee possession. Possession can only be confirmed by the possession letter, sale deed, local registery, etc. I would also recommend you to check for any pending cases concerning the property. Please share the documents so that i can guide you better

Q: Legal notice to a trust for trust property

My grandfather was trustee in a familiar trust and gave his land to a trust for running school,now a days,he passed away and the trust did not given any notice for nominee.I want to give a notice to trust for being nominee and other financial activity in it.

Advocate Utkarsh Singh answered
I understand your query. We need to examine in the Trust Deed the clauses related to legal heirs and nominees. After that, I can draft a notice for you for being the nominee. Please share a copy of the trust document.

Q: Noc signed in favour of brother

My mother expired and she left house, my brother said to sign in his favour, now what he promised not fulfilled, what to do

Advocate Utkarsh Singh answered
NOC does not give complete rights to your brother to do so. You can very easily challenge a NOC. If your mother wanted to give the house to your brother she could have made a Will, but she didn't. It means you and your brother have equal share in her property, just having NOC does not mean having rights. Please share more details so that I can help you out

Q: False police complaint make in my name

My uncle had make a written complaint to police that I am threating him to sell the property which is in both our name . I have not met or have a phone call since last 1 year. How does this police complaint affect me ? Should I take any legal action against him ?

Advocate Utkarsh Singh answered
Your uncle had made a written complaint to police, was that complaint registered by the police in there books as an FIR or NCR? If no, then it may merely be an application submitted to the police as a complaint. Police will not take any action untill and unless your uncle's complaint is registered by them. So, it won't impact you in anyway. If the complaint was registered then an investigation would have been started and you would be already contacted by the police. But since it has been 1 year, it does not appear that the complaint was registered.