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Member (Account Deleted)'s Expert Profile

Queries Replied : 845

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    What kinds of questions I can and can't answer?
    i can answer the queries related to criminal law and procedure. I can't answer the matters of commercial law.

    My area of expertise
    Criminal Law

    My experience in the area (years):
    5 years experience as a public prosecutor and 6 years experience as criminal lawyer.

    Organizations I belong to:
    ajitabh acharya and associates

    Publications or writing which has appeared :
    NOT YET

    Educational credentials:
    B.Sc.,LL.B.

    Award & Honors:
    not yet

  • DR SURESHA G says : illegal will & gift deed
    Dear Sir/Madam My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003. Then we compromised before elders of the society and the shares were allotted as follows: 1. Plaintiff i.e. me. 2. My father and my mother 3. My uncle-1 4. My uncle-2 5. My uncle-3 6. My sister-1 7. My brother joint name with my father. A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder. Everything was fine up to 2007. Me and my parents living together and my brother was living separate. I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income. In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him. Once again I got the abroad placement in Jeddah, Saudi Arabia. Because of mild heart attach he was in hospital in Jan 2008. During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent. After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi. From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me. Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed. I request your kind self to clear my doubts. 1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents? 2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter. 3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ? Please clarify my doubts. Since 6 months i am waiting for your opinion . Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother Please let me know about the consequences. Very Truely yours Dr Suresh

  • gaurav says : SARFAESI SALE ...BANK ISNT GIVING SALE CERTIFICAT
    hello sir, please advise me.on 5 march 2010 i bought a house on auction under SARFAESI ACT being the lone highest bidder and my price being over reserve price my bid was accepted n i was given a letter asking me to deposit 25% of sale price on the same day n remaing 75% in next 15days ie by 20/3/2010.(((it had a clause stating the bank can cancel my bid before i deposit the remaining 75% amount))) i deposited the remaining amount beforehand ie on 12/3/2010 n asked the bank for releasing sale certificate as per SARFAESI ACT the bank people didnt give sale certificate instead when i gave them an application for the same on 29/3/2010 on 30th march i recievd a cancellation letter dated 27 march with a check dated 25 march cancellation letter of the bid(earlier accepted and fully paid already) after 10 days of the deadline!!! and 18 days after full money deposition!!! with a payorder of the whole money by courier.it says"the bank has decided/authority has decided not to sell the property" the bank has cancelled after my depositing the whole amount which is against its own clause what should i do to get the sale certificate n the possesion of property.please advise.....thanks so much for your attention n time....

  • Arvind Singh Chauhan says : request
    Respected Sir, I have left this query in forum and query column on this site but yet not responded, so plz if you can. One of my case is at final argument stage. There is a strange situation in case that FIR was lodged on the direction of court under 156(3) Cr.P.C.. In this chick FIR whole two pages order of 156(3) has been copied word by word as some of these lines are " Aggreived approached on........ to SHO but SHO only submitted challan under 107,116 Cr.P.C. against accused. I inspected the medical report and their documents and satisfied, thus SHO concerned police station is directed to lodge FIR and start investigation -Signature Sd (Name of Magistrate)." Sir SHO is the same who already submitted challan under 107 116 and who lodged written this FIR, There is no signature of reporter on FIR only SHO has signed. Sir can accused may be benefited with this FIR. Don't you all think that magistrate should also be a witness in this case as his name is mentioned in FIR and he should not hear this case. Who will be deemed "reporter" ? If I am right please help me, How should I argue in this case. Thanks I have only time up to tomorrow.

  • Abhiraj says : Need Help
    Dear Sir, Could u please tell me that is 498A is compoundable by lower and Session court in Madhya Pradesh??? or it is only compoundable through high court for Madhya Pradesh???

  • CHANDRAGUPTA PRAKASH GUPTA says :
    thanks a lot sir for answering question related to stolen property

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