Advocate C Hari Prasad

Questions Answered by Advocate C Hari Prasad

Q: Promised to marry but threatened to put case against me.

I have 27 yrs old male. i got promis to marry from girl as 24 yrs old. We were went into physical relation also. After some days she went to marry some one but she didn't inform me. I went to her home and I try to talk with her mother. She and her mother told me if u cal me i will give police complaint against me. . After 3 days i went her home. I got cal as like police department and they threatened and worden me to put Nirbaya case against me if I cal cal her. I have proofs about my relation. And I want to stop her abot blaming me in this matter. How can I proced further. Any way she is not ready to marry me. But she make my charecter sadist. But I didn't do any thing about illegally. I have proofs about my relation as cal recordings, phots, my friends also know about my relation. Plz help me how can get justice in this matter.

Advocate C Hari Prasad answered
She got married.Now you cannot do anything. It is better if you do not go near her. You will not gain anything. You can file suit for damages against her if she damaged your reputation by verbal or written allegations that you are a 'sadist' in front of others .You should be able to prove in court of law. Whether the people before whom she maligned you will come to court to give evidence on your behalf. I think you might not be able to prove the same. But the evidence you in form of call recordings and photographs will help you to defend yourself if she files any case against you. But from your side you have no right to go to her house and disturb her life. Do not give her chance to file any case against you. Ofcourse she married another person and cheated you. I understand your feelings. But be practical. Weigh legal pros and cons of every step regarding the matter. My advice is better drop the issue.

Q: Can a property be sold if the court has given status quo on the same

Hi sir, This is regarding a property among two brothers of which one portion of the property is under status quo order by court . recently some of the parties have come and said they will be purchasing that property . wanted to check can a property under status quo be sold or can other parties purchase that property. if the transcation has been done on the status quo property then what is the further legal course of action .

Advocate C Hari Prasad answered
See status quo orders are given to maintain the situation as it is as on the date of filing the suit. Your query is not clear as to in which type of suit the status quo is given. If order of status quo is given then the parties to the suit has to maintain the status quo. Otherwise party violating the status quo orders will be proceeded against under order 39 Rule 3A of the CPC. The party can be penalised for such violation. This is regarding the status quo. Suppose during the pendency of the suit before the Court if the property is sold then the the third parties are bound by the decision of the Court given in the suit pending before it. A third party if he is aware of the dispute before the Court and still want to purchase it then he has to take all the risk of the outcome of the Court's decision. It is better to have a recital in the sale deed that the person purchasing the property is informed of the case before the Court and that the purchaser is willing to undertake the risk. But you should be sure of winning the case before the Court. Consult a lawyer nearby before you take any step. Because i had not seen your case papers or the documents /evidence you have to give you an opinion.

Q: Legal implications for purchasing an agriculture land

i want to take 4 acre agriculture property. Seller purchased few years back from another seller. now we came to know that first seller has written will to their grand children, but later he and his sons sold to this person. Now is it safe to take this agricultural land? AFter-making will- first seller sold at later date to second seller-which is effective--- will or sold at later date? How i will get these informatin of will if it is registered or not or this property has will or not ?

Advocate C Hari Prasad answered
The WILL operates only on the death of the testator(i.e person who has written the WILL). A person can write as many as he wants. Only his last WILL immediately before his death will be taken as a valid WILL. Of course due execution of the WILL has also has to be proved. After bequeathing property by WILL if the testator sells the property during his life time then it means he has revoked the WILL by his act of sale. So the WILL becomes inoperative. You have check the validity of sale in terms of proper title in favor of sellers by investigating into the same. A WILL need not be registered and it need not be written on stamp paper.

Q: Clarification of share in grandmother's property

5 sons and 1 daughter 3 sons are Railway employees 2 sons are self employed 1 daughter is house wife Grand father and mother also passed. Grand mother has given normal letter , like white paper she put her thumbs impression . Saying property will be given to 2 sons who are self employed. 1 among 2 some how managed Register and get his land registered by executing Convenience deed. Other yet to register and now trying to register but it is not happening .. now problem was. Other 3 employed sons and 1daughter also claming as they also have share .. is it legally govt employees are eligible for claim.plz suggest

Advocate C Hari Prasad answered
The law is WILL need not be written on stamp paper. It is not necessary that it should be registered. WILL has to be proved if matter lead to litigation before Court of Law. WILL can be written on white paper and it should be attested by two witnesses. And one of the witnesses had seen a person writing the will. WILL can be challenged on the grounds of fraud, undue influence, coercion or if it is proved the mental condition who is writing the will not okay due to illness, oldage or other reasons. In your case the 2 sons has to prove the WILL if other 3 sons challenge mutations or conveyance deeds in their. Being Government servants is no bar for fighting for their property rights.

Q: Legal action against father for marrying other women without divorce

dear sir/ma'am, my father married to other women with taking divorce from my mom and he is having 1 daughter. he is working as central govt employee he staying way from us past 15 years. he is not giving any maintenance/ remittance to us . please let us know we can file case against him

Advocate C Hari Prasad answered
If any one could complain or seek redress against your father it was your mother only. She did not complain or initiated any action against your father. You say 15years have passed. And your father has a daughter through his second wife. Your father's second wife cannot claim anything in your father's properties or his service benefits. If your father is not giving maintenance your mother can file case for her maintenance and for minor son or for minor/unmarried daughter.