Advocate Mohit Jain

Questions Answered by Advocate Mohit Jain

Q: Procedure to transfer husband's property in father in law's name

my husband died on july 2017 he has left some property on his name ,my father in law wants power of attorney of the same from me by giving me half of my jewellery and some cash he want me to sign an agreement decree with him in front of notary saying that he will give me money and i have to sign his papers of property i want to know can any type of fraud happen in this situation c. can my sign be misused?

Advocate Mohit Jain answered
first of all it has to been seen to whom and how the property is devolved after the death of the person. whether there is will in my favour wife , if not then you have to get declaration from the court declaring to be the owner of property left behind by your husband. after becoming owner it is your wish to do anything of property whether selling or gift to your father in law and no need of signing before notory is needed hence you sign will not be misused if act smartly

Q: Complaint for making false NOC affidavit

Dear Sir, My father died in year 1998. We have 3 brothers, 1 sister & Mother. Father had 600 Shares of JK Bank, which have demated 1 Brother in his name in year 2007. I was unever about that, when I came to know regarding the matter, I contacted Jk Bank through mail in year 2014, because I was out of country. In year 2017 I approach Jk Bank they deny to do anything, they said your brother have produce Affidavit of No Objection Certificate ‘NOC’ from us, to demate them in his name. Now how we can recover our share from 600 Shares, also devedent money from several years. And also as per mutual understanding he told I will transfer them 200 Shares in each brother. But he couldn’t do the same till now.Can we file FIR for fraud making NOC Affidavit. Thank you

Advocate Mohit Jain answered
yes u can file fir of fraud cheating against your brother under relevant section or in alternate you can also file criminal complaint against your brother in the court for all his manipulation regarding false affidavit of yours

Q: Authority who can cancel the FIR

Respected Sir/Madam, My question is who has the authority to cancel the FIR.

Advocate Mohit Jain answered
it can be quashed by high court by filing petition before it and after seeing the fir if prima facie no case is made out then high court will quash the proceeding and automatically the FIR goes and trial ends

Q: Fraud company not refunding my payment,what legal action should I take

Sir i am a small bussnessmen from jammu ,about 8 months ago a company represantative came to us and shown their products and schemes to us . After detail meeting we get agreed to become super stockist for their product. We credited a sum of 5 lakh to the company account from jammu to their nasik branch account where company official operating address is. After 1months we received stock . Then 2 months passed no company sales team or marketing team came to us 4 months passed no response from company and its team after 6 months the products expired and we decided to return the stock back to company in nasik .after discussion with company MD they agreed to return stock .we return their stock at our own expance of about 40000.they received stock in january ending . Now they are not refunding our payment and not even answering satisfactory .what should we do legally to get our payment back.

Advocate Mohit Jain answered
first sent notice to company for recovery of money and state all necessary facts relating to your transaction and then if they donot pay your money then file suit for recovery of money on civil side or you can avail criminal procedure also

Q: Is discharge of problem enough or should I go for quash of cr case

I am pathologist working in private lab.The report from my lab was given to patient as o negative but patient maintained her blood group was o positive.Her brother being district magistrate got me booked under 420 IPC despite it being case of medical negligence for the sake of argument which is civil law.court discharged me as report provided by them was of technician and court said guidelines from supreme Court were not followed.court said they don't find merit in charge sheet and discharged me.Meanwhile complainant met natural accident and died.Is discharge enough or shall I go for quash.can i get job or visa.can it haunt me in future.shall i go for quash or discharge is enough

Advocate Mohit Jain answered
discharge is enough until and unless aggrieved goes in appeal and no need for going for quashment as decision has been made by the magistrate after hearing both sides. It will not create any hindrance for visa as per my view.