Advocate MS Chandra Bose

Questions Answered by Advocate MS Chandra Bose

Q: Can grandfather partition property in favour of grandson?

My grandfather property partitioned in 2014 to me and in 2017 he was expired after my grandfather doughter gave suit on me partition property so can please suggest me will she right on this

Advocate MS Chandra Bose answered
Yes the Grand father has the right to do partition if the property is on his name he can absolutely do a partition however grand fat.her's daughter does not have legal weight in her case however we need to study the case in details to support your point

Q: Sale of land through General Power of Attorney

Dear Sir/Madam, My Father in law had 2 acres of land which he has done GPA to person A. Note only signatures of him were taken and no where the signatures of his spouse and his daughter were not involved. He was under some family pressure and drink addicted and he did that. We are under estimation that the land was registered to A and we left hopes. It was 10 years back. Once in a while A gave us some money through a mediator for the land. Recently i have checked the pahani's and it was like the land is still on the name of my father in law. Whatever the land that was purchased by A and the price offered is peanuts when we compare it now. Is there a possibility that i can still name my mother in law as successor of the property as my father in law expired. Does she have legal rights to dispose the property to someone else as we feel cheated that the amount paid was not up to the rates existing now.

Advocate MS Chandra Bose answered
The land which you have mentioned which belongs to your father in law was it self acquired or inherited property.In Case if it is self acquired our case may not have much weight-age however if it is inherited you have all the rights to file the suit.And whether the GPA is registered or not and were there any witness and let me know other detailed information about the case.However you can send a notice and get him for a negotiation deal and more over GPA does not mean it is registered on his name it can be challenged when legal heirs are there and since the land is not yet registered you have every right for your claim.

Q: Whether the section 278 IPC is cognizable or not

Whether the section 278 IPC is cognizable or not

Advocate MS Chandra Bose answered
S. 278-Making atmosphere noxious to healthDescriptionWhoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.Answer: It is a non-cognizable offence and is bailable and can be tried by any magistrate

Q: Should bail be taken when a complaint is filed in police station

A counter complaints is taken up the police and I was asked to take a bail.should I take bail or should I file petition in the High Court..section 341,323,506 are been charged plz advice..

Advocate MS Chandra Bose answered
You need to file the petition in the High Court for getting Bail and all the sections mentioned are not much grave .You can take the surety and apply for bail through your counsel.323. Punishment for voluntarily causing hurt.341. Punishment for wrongful restraint506. Punishment for criminal intimidation.Please refer the below caseState vs . Sobhit Jaswal on 31 October, 2014Showing the contexts in which 323/506/341 IPC

Q: Procedure to recover the money given through the promissory note

On the promissory note we have given Rs.50000 x 4 i.e. Rs.200000/- to my neighbour with interest of 2% six months ago for 3 to 4 months. Last 3 months he is not paying interest after so many verbal requests. And also I requested him to pay original amount. He is enjoying jolly trips with family and others. He got a house also in our colony & and a private job. He is telling that I will clear the interest amount but not taking steps. Please help me in this regard to follow next steps to be taken. 

Advocate MS Chandra Bose answered
The First Step what you need to do is that you need to send a legal notice through lawyer and wait for his response and if he ignores the legal notice you send him the notice second time.After second time also if he ignores you can file a suit in the civil court which comes under your jurisdiction. Taking all the documentary evidence available at your end and also you can claim for damages for cheating you and causing pain and litigation fees too.1. Two legal notices and their acknowledgements2. Promissory note between the partiesSuit value of 3 lakhs the court fee payment is 5426/-in A.P and Telangana and more than three lakhs if you want to claim for every ten thousand hundred rupees of court fees to be paid.Hopefully once you send the legal notice the party would approach you for a settlement.