Advocate Uzmi Jameel Husain

Questions Answered by Advocate Uzmi Jameel Husain

Q: How can I transfer my cases from Delhi to Bombay

Actually I live in Delhi from birth I have family dispute with my husband and in-laws and running cases in Rohini district court. They are trying to kill me 2 times So I am thinking to move from Delhi to bombay So is it possible to transfer my all cases Delhi to Bombay and what is the procedure for that...

Advocate Uzmi Jameel Husain answered
Once you move to Bombay and gets settled there than you can file a transfer petition before supreme court under section 25 of CPC. And only by filing the transfer petition you will be able to get transfer your cases from Delhi to Bombay

Q: What to do if their is a property dispute in the family

Our house is on the name of my grandmother who died 7 years ago. My father has a brother. Now, due to family issues, my grandfather and my father want to sell the house and distribute the money in equal parts to my father and uncle. But my uncle is not ready to sell the house because he want to the house on his name. Can you please suggest any advice so that we can sell our house? We are from a Hindu family.

Advocate Uzmi Jameel Husain answered
Your father and grand father can sell their share because they are now absolute owner after succession as far your uncle is concerned he can not estop them from selling their share. Or if he is serious than without having a decree of preemption he can not estop from selling

Q: Remedy as buyer not paying dues & has paid only token money for plot

I sold my plot to a man who paid the token money and asked for 3 months time to pay the complete amount. But even after 3 years, he hasn't paid the amount he should have, including the interest and now seems to be not in a condition to do so either. But in the mean time, he sold the portions of plot to different shopkeepers, though even they have not given him the complete payment yet. Now, what should I do as to get my share of money, the property is at my name only.

Advocate Uzmi Jameel Husain answered
The issue stated herein is basically a carelessness on the part of seller. The only remedy in law is the suit for specific performance which can be filed against the buyer. So you can file a suit for specific performance.

Q: Property dealer takes money & gives false information of property

A property dealer known to my parents showed them a property stating that it was two-side open property. when they went to see the property. He didn’t show us the other side of the house , stating that the sellers wife was ill and sleeping in the room. asked my parents to deposit the token money. my parents wanted to give ₹30,000 as the deposit but property and seller insisted to deposit ₹150,000. and asked us to come for a visit the next day. The next day when my parents went to see the house again, and found out that house was one side open. And when we asked for our money back, seller stated that they had spent the money and don’t have the money. tjey promised to pay back in 2 weeks but haven’t yet done it. it’s been over a month and when my parents went and asked them for the money. they refused to return the money. im need assistance on this behalf. what options do we have and how legal is the bayana which one can buy from a stationary shop and put a ₹1stamp and no govt stamp ?

Advocate Uzmi Jameel Husain answered
You may file a criminal case against the seller and dealer as from your statement it seems that from the very inception of transaction there was an intention to commit a fraud upon you. Therefore you can file a police complaint

Q: Clarification on procedure to sell property purchased as joint owner

I own a two bedroom flat with my sister as joint owner. She is abroad and does not respond to letters and is not reachable on email and phone. I have been paying all expenses for the property since 2008 and cannot bear the burden anymore and have undergone a tremendous loss these last ten years by keeping it vacant. Please advise. The value is approximately 4 crores

Advocate Uzmi Jameel Husain answered
If a period of seven year had elapsed and here where about are not known a presumption of death may arise under section 107 and 108 of Indian evidence act. Therefore you may seek a declaration of her death or you dispose of the flat at your own being the survivor