Advocate Ajay Kumar

Questions Answered by Advocate Ajay Kumar

Q: legal recourse against fraud done by issuance of blank cheque

My mother borrowed rs 50000 from a person and gave him blank signed Cheque now the person is demanding rs 5lakhs from us against that Cheque what should we do now

Advocate Ajay Kumar answered
Sir?, Such things are common now a days . Needy people easily use to give blank cheques to their borrowers which are latter on misused by money lenders. But now the courts are also cautious about this facts. The money lenders has to prove the source of money. If he paid your mother five lakhs then he must have the the source. Apart from that many other things which are relevant for case under u/s 138 n.i act

Q: my brother cheated my mother with property

My father gave a plot to my relative few years back for making a house only not for sell,and relative can sell plot to my family only,father gave plot at very low cost without doing any paper work. Now father is no more. The entire property was on my mother name. Now what happened my relative tried to sell that plot to outsider which was given to him only for house making porpose. So my brother transferred that plot on his own name by saying that he will give it back to my relative only when they will construct home on that plot or will sell to my family .that was fine,My mother agreed because this was the prime condition when my father gave plot to my relative. Now my relative is selling that plot in my family only means he is selling plot to me not to any outsider but my brother is refusing to give back that plot. What my mother can do now.

Advocate Ajay Kumar answered
Your mother can go for suit for cancellation of sale deed, if any, also for declaration. Although, it is not clear in what mode the property was transfered in the name of your brother. Is the transfer by way of sale deed or only through power of attorney.?

Q: Ancestral property claim of grandson over grand fathers property

Can grand son claime on Grand Father's property?? And in case father and eldor brother give court notice to leave the house to younger one?

Advocate Ajay Kumar answered
Just taking birth in a joint family, the child becomes the one of the share holders in the ancestral property as per law. Giving notice by father and brother has no legal value in the eyes of law. If the property is self acquired of anyone then the owner of property has exclusive right to deal with the property , non else.

Q: Divorce filed by husband On the basis of false mental cruelty

 I got married in 2013 july ,everything was fine but my in laws used to ask for dowry just after 4-5 days ,then I went to Hyderabad to my husband and stayed with him for 12-15 days ,then I had a seizure ,was internally tensed after that my husband left me to my parents in delhi and told me to focus on my career and work and didn't came to take me back ,he kept on saying this the age for work so consider work as priority ,I kept on doing as he said ,and he went To US california without telling me and I got to know that in 2015. He didnt call me but in 2016 when I mailed him he talked very nicely that one day we will be together and I should focus on work meanwhile in these years his father came thrice to my home but didn't gave his phone and address . In 2017 Jan he suddenly filed Sec-9 Rcr ,and when I read he said I had done mental cruelty on him ,I was in total shock but said YES on sec-9 and mailed him that he should get my visa done. How to counter reply.

Advocate Ajay Kumar answered
Madam, There are many options for wife specially in family disputes although the husband has some limited options. Your matrimonial history does not show your intention whether you are interested to get divorce from your husband or to continue your matrimonial life. In both the circumstances the strategy to handle the situation should certainly be different. If you think to join your matrimonial home then it will be better to give option for mediation before the Court and matter will be refereed to mediation center where, i hope, your matter will be settled amicably with the intervention of the mediator. if not so, then you may also opt for implicating your husband and his family members in criminal cases, as to pressure may be exerted upon them. A line is written in your quires, some how the same is not in your favour. "I was in total shock but said YES on sec-9" Still this line is vague for me. RegardsAdvocateDelhi High Court.