K N GIRI PRASAD SHARMA
07 January 2015 at 00:54
SIR, PLEASE TELL ME
IN A CRIMINAL CASE
WHAT POWERS ACCUSED CAN USED ?
IF ANY EVIDENCES WITH ACCUSED WHAT HAPPENS ?
HOW ACCUSED PERSON CAN SAVE IN HIS CASE ? PL SEND
Sudha Aditya
07 January 2015 at 00:24
Sir,
An unmarried woman is in live in relationship with a married man having two children,for the past 7yrs and had two children with him. The man's wife has already filed the case (498A, DVact etc.) against him but living with him in the same house and doesn't want to take divorce. Since her husband is not leaving that lady now she is targeted on that lady by giving threats over phone but still the man is supporting the second lady.
1.Now according to law in which way the second lady can protect herself from his wife?
2. If they caught by the police what punishment will they get? both man and that lady.
3. What is the future of the children of the second lady.
Kindly let me know.
vbmsrit
06 January 2015 at 23:43
Hi Experts,
My brother's wife filed the false 498A against my brother and my family, she couldn't file against me because I stay far from home and don't contact her much. He got married in Nov 2013, She was trying to separate my brother from family from the day she entered into the house. She tried a lot to create a problem between my brother and family. First she and her family targeted my sister saying that they saw her with some guy standing on the bus stop while coming from the college, only to my brother. Second time, she and her family targeted my mother saying that she make her work so much at home. Third time, she and her family targeted my father saying that there is a ghost in a house and my dad is responsible for ghost. Finally, nothing worked out for them so now her family brought some relatives at home with one lawyer and threatened my family for divorce. My family said if they think taking divorce will keep them happy then we don't have problem. Everything was fine for 2-3 days then her lawyer uncle called my brother and said he wants to take her niece to his house and try to make her understand but after few days, she came to our house with 11-12 persons, they pulled my brother out of the house and abusing him. My dad is an ex-army service man and he has a licensed gun, after seeing the people pulling my brother he did the air fire, after some time somebody among those 11-12 persons hit the stone on his car and called the police saying that my father hit towards them. Afterwards they filed the dowry case and attempt to murder for my family. My brother and father is in police custody and don't know about my mother and sister where they are. I am 2500 Km away from them soon I will go home and I won't wonder if they put case against me as well. What best I can do to save me and my family ?
Anil
06 January 2015 at 23:35
I am in great physical, mental, financial, emotional trauma due to following reasons as I haven’t any friends, paternal relatives, colleagues (as am jobless since I am in India abt 7½ yrs running around courts, police, authorities, etc)!! I will be highly indebted to your Club if you could take-up my matter on Top Priority basis and get me proper legal & professional advise/guidance ASAP as every single day delay is going to cost me my rights, family future, etc and maybe my life too!! You are also requested to kindly abridge my question in your column as you may desire and please use a pseudonym name & place (viz. ‘Anil Kumar-Mumbai’), if possible!!
My grandfather died in 1984 in Mumbai and left a will as above at that time I was 22yrs (my father 44yrs) and been engaged a month before only. My father had several health complications (hypertension, insomnia, hernia, urinary tract infection, etc) such since 1979 he was not helping his father in business and I at the age of 17 had to jump-in to assist apart from my studies. My younger bro is 4 yrs younger to me & mentally not fully developed + mentally unstable as since his birth his head/brain size is too small and also hardly educated.
Extract of my grandfather’s Will: “I have resi house at Z and 2 properties at Y. All properties at Y & Z shall go to A, B, C & D in equal ¼ shares and no one else other than them shall have any right, title or interest of any sort therein. I have certain jewelleries which I bequeath to E. I hereby appoint B as Executor of this Will. I direct B to pay all my liabilities incl. Taxes, if any. I direct my Executor to recover all my assets & properties wherever situate incl above and other found belonging to me on my death and I direct my Executor to give the residue of all my properties & assets after paying all taxes & liabilities & expenses to the H.U.F. of A and no one else other than the said H.U.F. shall have any right, title or interest of any sort therein.”
(A -My Father, B -Myself, C -My younger Brother, D -My Mother, E -My Sister, Y -Mumbai, Z -Rajasthan)
My maternal uncles brain washed my mother to shift to Ahmedabad after my grandpa’s death so that they can properly manage our wealth! I was married later in 84 and my sister in 88. Until than I was forced to shuttle from AMD & BOM to complete all legal formalities and we stayed in 2BHK flat of 90 sq.yds of theirs in AMD and monthly + legal expenses funded by them as we had no source of income (we lost everything during 84 Bhiwandi communal riots) whereas in BOM we had our own house with 400 sq.yds of living area. My 2 Aunts (father’s sis) challenged the will and got stay from court. My wife & my wife life was made miserable (physical, mental, emotional, etc torture) in these 4yrs and thus in 88 was forced to shift to Nepal (my in-laws) for job, living & peace. My only child (son) was born in 86 in Nepal (in 2008, my dad send him abroad for study/job mortgaging this flat with bank under Education Loan, presently he works in an NGO + holds a foreign country citizenship).
In 89 my father convinced his 2 sis for out of court settlement and we entered in a Family Agreement wherein we all 5 as above in Will + 2 sis of my dad had executed and both the BOM properties were sold to a builder who directly paid the settlement amount to my Aunt and rest in 4 equal cheques. I too had come down to BOM and signed it and went back and didn’t take a penny out of it as long-term capital gains & I-T planning had to be done. In 90/91 my mat uncle bought 2 flats in AMD (one in my mother & other in my bro name and NOT in my dad’s/my name) but no investment in my father’s or my own name. As our all bank, I-T file, etc were managed by them and the regd address was of my mat uncles office address.
In 97 our Z ancestral house + land & in 2005 my bro flat in AMD was also sold without my information. Until 2000, I hardly kept relations with my parents, siblings and maternal uncles. My father had called me saying my mat uncles became bankrupt and stopped paying interest to my parents as all our money, bank a/c’s, I-T file, etc was handled by them such dad was in dire crisis of survival. Until 2007 I used to send money to them + visit them every year. In 2007 my father called me to come down as matter was serious and on my arrival handed over everything (flat’s deed & papers, incl the life insurance policies, everything was bought from my grandpa’s assets sale) to me saying it is all mine and I should relieve him so that he can die peacefully as my maternal family used to bully my father and that my mom, sis, bro, bro-in-law all were under their malafide intention/influence. My I-T file was closed down by the them long ago.
My dad died in 2010 and my mom this week (9-Dec-2014) but I & my wife was refrained to meet her in these 3 odd yrs & also perform her last rites. After my dad’s death I got the nominee changed from my father to me in all the LIC & other Life Insurance policies. Abt 3yrs back they convinced my mom & bro to elope from our flat with all the jewelleries & valuables and filed police, court, criminal, collector office, police commissioner office complaints/cases against me & my wife (incl. TV, newspaper too) alleging false & malafide domestic violence, unlawful confinement at home, forcefully domestic work, malnutrition, forgery, swindling, etc charges inorder to grab this last flat alongwith LIC & other policies money which are in my mom & bro name. They couldn’t prove any charges against my wife & me after initial 2-3 hearing (appearing only once in 3-6-12 odd months) neither my mom, bro, mat uncles, their lawyer, etc attended the cases so all cases got closed as ex-parte and the last one a day before my mom passed away (due to brain tumour, paralysis, throat & chest infection, etc).
Now, can you please guide me the following:
1. Isn’t the WILL state that all the money received by selling my grandpa assets goes to HUF that means I too have a right in everything that my mom/bro owned or owns?
2. How can I stop them to file death claim with LIC and grab the money, as my name has been replaced by my cousin (mat uncle’s son) name in nomination? Original policy is with me?
3. How can I stop them in swindling my bro 2 LIC policy which gets matured in 2015 wherein the nomination is same as above?
4. How can I protect my as well as my bro interest (although he under their spell and with them)?
5. Can I claim/recover the money from my maternal uncle, sis, bro-in-law, etc which they took from my dad & mom etc (maybe they had reversed the bank entries, etc in last 3 odd yrs)?
6. All assets purchased and/or sold in my family (after BOM property sale), my maternal uncle’s name + sign are there on the deed as witness and so can this help me legally?
7. Can my mother Will (maybe they had prepared under duress) and gift my maternal uncles/sis families the flat, LIC, deposits, etc?
8. Can my mother sign a sale deed of the immovable prop (flat) under duress to someone?
9. Do I wait for what type of action they are going to take or I file a case (what type) from my side?
10. Any other counselling, advise, suggestion, etc?
FYI, I am barely managing to survive and am paying the EMI Loan to bank, property tax, society charges, electricity bills, etc.
Thanks + Best Regards
Anil
+91-9974462333
kunhi marakkar
06 January 2015 at 23:30
Is ultimogeniture applicable in partition suite of muslim family ?
uchit kumar
06 January 2015 at 22:59
can a lawyer do online business ?
what can be done online by a lawyer?
can lawyer partnership with other non-layers ?
Sweet Ash
06 January 2015 at 22:13
Hi, my friend wants to file divorce petition and so wants to hire the best influential lawyer from mumbai.
Request to kindly suggest the best, expert, senior lawyers of mumbai to put up her case as her case is very very extraordinary from the rest.
Kindly Plz suggest the best, if feasible contact details too. So that we can contact immediately...
sagar mukhedkar
06 January 2015 at 22:00
What is procedure when accused appearance in the district court in appeal from acquittal from lower court
kumar
06 January 2015 at 20:56
The civil suit filed for mandatory injunction reg. encroachment of property [small portion] has been dismissed by
lower court and district court, citing limitation period of 3 yrs.
now is there any remedy .
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Process and expences leasehold property to freehold
respected sir,
my father purchased a plot in kanpur in 1980 from mr. a and mr. a was financially unable to pay expenses of registry and taxes etc. so my father paid all expenses and registered the plot in the name of mr. a. and mr. a wrote a will in the name of my mother. now i have a 99 years lease in the name of mr. a and a registerd will in the name of my mother, and death certificate of mr. a. sir i want to know what are the procedure and expense of plot freehold and dakhil knarij.