Advocate Jagadish Sidramappa Halashetti

Questions Answered by Advocate Jagadish Sidramappa Halashetti

Q: Can married woman be charged for adultery

Can married woman be charged for adultery and will that be a counted as a ground for divorce...!

Advocate Jagadish Sidramappa Halashetti answered
Woman cannot be charged for offence of adultery under IPC. But, adultery is a good groind for Divorce. Woman is exempted from prosecution under our criminal law. Adultery Is a form of cruelty to other spouse and courts have held that it amounts to adultery and is a gtound for divorce. It is necessary to implead the

Q: BDA property through WILL - WILL owner deceased

My Grandmother has 2 children - My father and his brother (who dies long back), My Grandma made a WILL in the name of 1 grand child, without consent of my father and other 3 grand children. WILL owner (my cousin) executed this WILL after my grandma death and registered property in his name. He also died in accident. Can my father own a share now on this property. Deceased my cousin brother has wife and kid. She wants the entire property and not ready to share with any one. BDA property has been bought by grandma by selling the ancestral property 25 years back. Please suggest in this regard.

Advocate Jagadish Sidramappa Halashetti answered
Will can be executed by the beneficiary (one grand child) after the death of testator (grandma). If the beneciary dies during the life time of testator, then the WILL becomes non-executable one and can not be enforced by the heirs of the beneficiary after the death of testator for the simple reason that no property can be bequethed on a dead person (who cannot give effect to will). Further, property must be self acquired property for the purpose of WILL. If it is established that Grandma has purchased the BDA proeprty by selling ancestral property then she cannot make WILL inrespect of that property as it is not self acquired.

Q: right of Agent over principal after revocation of GPA

What Right has an ex-GPA holder over the property of his Principal after revocation of his GPA.Can he claim possession of any portion that he was occupying in the capacity of an Agent who was put there to manage the property.The title deeds of the property being in favour of the Principal.Can the Agent go to court against his principal to claim his possession over the property, of his Principal,part or whole of it? Has any court got the right to grant of possession to an ex-GPA holder any right over the principal's property if the owner or principal does not wish it?

Advocate Jagadish Sidramappa Halashetti answered
Agent has no right to retain any thing belonging to his Principal once the relationship is terminated. It is governed by law of agency. Agent can recover any dues from Principal. Further, Agent cannot hold back the property of his Principal merely because he was once put in possession. In turn Principal can file case against Agent for illegally occupying the property.

Q: Criminal case filed against me on the basis of fake statement filed

As i have not given the fake statement of account of an mutual fund, But in police station i didn't know what they were asking nut there i said yes i only have given that fake statement, then i was in prison for three days and now i am outside on a bail they submitted chargesheet after 5 months or so now i got a summons to attend the court on 18th march? What if i couldn't attend court on that day & how can i prove that i have not given the fake statement and didn't receive any money from the customer? 

Advocate Jagadish Sidramappa Halashetti answered
First of all you must attend court on the date mentioned in summons. If you donot attend then non-bailable warrant will be issued against you. If you engage a lawyer, he will have to file exemption application for you incase you cannot attend the court on the date mentioned in summons. As far as proving your innocence is concerned it all depends upon eveidence to be led in trial.

Q: Registering a marriage with manipulated documents

Any couple done there marriage registered with manipulated documents line wedding card morphing photos and tries to register without performing the marriage. Whether it's punishable, weather the marriage is legally valuable, they get any punishment. Please clarify my doubt

Advocate Jagadish Sidramappa Halashetti answered
Yes, it amounts to an offence under Indian Penal Code and Registration Act and liable for punishment provided complaint is filed in this regard. Such a marriage is not legal. Yes, it amounts to an offence under Indian Penal Code and Registration Act and liable for punishment provided complaint is filed in this regard. Such a marriage is not legal.