Advocate Vishal Khattar

Questions Answered by Advocate Vishal Khattar

Q: Father died how to claim his share in grand parent's property

dada or dadi ke name par property ho to poti ka haq banta hai or poti ke father ni hai or vo apne chahcha ke name par chal rhi hai. papa ki property kaise milegi?

Advocate Vishal Khattar answered
Hi. You will have to file a suit for Partition seeking other reliefs along with it. Seems you have missed some facts and thus we need to know all the facts and details of family members to assess your share in the property.

Q: Bank not responding to complaint made about ATM transaction

I made a ATM transaction on ATM..message received that transation has been done but i did not received money. I send lot of emails and call eatch other but no response. Now i want a advise weather i can do case with the help of Consumer court or not.

Advocate Vishal Khattar answered
Dear Sir,These matters can be escalated into the higher hierarchy of the bank and if the solution is still not given a case can be filed with the banking Ombudsman. Also a criminal complaint under the relevant provisions of the Indian Penal Code is maintainable. Consumer case is also maintainable. This is fast too.

Q: Provisions to cancel fake mutation will,title deed

Hello Sirs/ Madams. My father belongs to family of 5 children. My grandfather built house in India after partition. 4 of his children left this house gradually/ were asked to leave by him and finally only one was left with grandfather in 1985. That child (my chacha) made fake will favoring the property to himself and his wife. He did mutation in 1998, while my grandfather died in 1987. He has been living in property ever since with his wife and kids. 4 other original heirs never asked for their share, but now some of them require funds for themselves & are requesting for amicable partition. However family of the son who got fake will made (he has died recently) claim to be legitimate owners of property on basis of fake will, mutation and also a title deed that seems fake as well (showing ownership in chacha & wife name). How do we get mutation cancelled? How much time do such cases take to resolve. Property is in prime location in Delhi and worth upwards of INR 5 Cr in our estimate.

Advocate Vishal Khattar answered
Dear Sir,Basis your facts you would be required to file a suit for partition along with reliefs of declaration thereby praying to declare the said fake documents as invalid and injunction for stay.Time : Depends upon various factors and may take around 1.5 to 2 years.You would further be required to pay court fee equivalent to the value of your share in the property e.g. if the circle rate of the property is Rs. 60,00,000/- and you claim 1/5th share in the same you will have to pay a court fee against Rs. 12,00,000/- which would be around Rs. 13,000/- . Suit can be filed by any legal heir of the deceased owner of the property.

Q: Criminal complaint u/s 452 of companies act 2013 for retrieving laptop

I am an IT Professional. Company terminated my services verbally & forcefully taken my resignation. I have handed over the charges to my boss but he didn't give me receipt of LAPTOP. Now they have filed on case u/s 452 of companies act 2013 for retrieving LAPTOP & datas/passwords whereas nothing wrong has happened to company relating to DATA & every thing is working fine till today. Please advise how to deal with it.

Advocate Vishal Khattar answered
Usually a company would avoid filing a frivolous, still if you are confident about your part there are number of ways to get the remedy. litigation. Your company must be having a CCTV footage of you coming in and leaving which can show if you carried the laptop back. You may file a criminal complaint against the notorious officials.

Q: How to obtain a judgement copy from court if not available online?

Hello sir I got judgement on 2nd August 2017 but till now I did not get judgement copy online or offline when I can get it please can you tell me

Advocate Vishal Khattar answered
Hi,You have to tell the court name. Thereafter it could be searched in different portals. Else you may apply a certified copy which does not cost you much. You would get the certified in 3-7 working days.