Advocate Manish

Questions Answered by Advocate Manish

Q: What is the process for mutation of mother's property

My mother passed away in Feb 2018. The house property is to be mutated in my fathers name. There is no will. The property was mutated to my mothers name in 2011, for which letter from the MCD is available. What is the exact process for mutation to be followed, whether online or manual, and process fee/cost involved? The death certificate is issued by North Delhi MCD, Karol Bagh Zone.

Advocate Manish answered
The rules and regulations for the mutation of property changes every now and then. for the current regulations you must better contact the MCD, Karol Bagh zone. However, an NOC has to be obtained from the legal heirs of the deceased.

Q: What is meant by appearance in person or pleader

You are hereby required to appear in person or by pleader. What does this mean ? Is this me that I and my lawyer both have to go or only my lawyer have to go only.

Advocate Manish answered
It means that any one can appear, either you (in person) or your duly instructed pleader who can assist the court in the matter in issue. However, thereafter the Hon'ble Court may bound your personal appearance.

Q: Initiation of divorce by a husband under Hindu Law

my friend has spoken with a lawyer as he wants a divorce. the lawyer has asked for a written statement with details as to why he is seeking a divorce. this includes mental torture, mental harrasment, instability to the child, abusing parents, professional hazards being caused by wife. is there a format which he can use to write this statement? any key words that he should add to support his case?

Advocate Manish answered
of course, the lawyer has sought for some questions, and those questions ought to be answered accordingly, so that the case could be set up accordingly. The lawyer, if qualified, will set the cases accordingly. he may also seek for the financial status, so that he could set the defence for the financial maintenance sought up by his wife.

Q: Can a person be imprisoned under cheque bounce case

I have filed case u/s 138 on my known.three check bounced due to insufficent fund and total amt is 8,50,000.the case is in cross stage.in the notice u/s 251 opponent agreed that he owe 8 lkh rs from me and still she is liable to pay 3 lkh to me.he is lieing about the liability as its more.anyhow she agreed that she is liable and also agreed that she issued a cheque to me with her signature but saying that he only signed and did nt fill rest of the field.my question is as he agreed that he is still liable to me for 3 lkh,is there is chances of imprisonment.i also got the information through law sites that 138 is nothing to do with recovery its only for wheather the person is guilty or not .

Advocate Manish answered
Of course, it is right. Your case u/s 138 is crimial in nature and not civil, had it been civil, then a decree u/o 12 - 6 had been passed then and there, but in ur case, you have to contest the case, it is not merely for recovery but for punishment. however, it is not clear she agreed for 8 lkh or 3 lkh??

Q: Do I need consent from my sisters if I want to sell my property

I am 67 years old and now planning to sell my house. I have two married sisters located in different cities. As per my mother’s will this property belongs to me. Do I need to get consent sign from my sisters before selling this house or not? R they legal entitled for share in this property?

Advocate Manish answered
Was this property ancestral? If self-acquired property of your mother, then she can make will in your favour. For selling such property you do not require the consent of your sisters if will in your favour.