Advocate Saifuddin Saifee

Questions Answered by Advocate Saifuddin Saifee

Q: Hi, my sister's husband is died and he got married twice. He got divorced from first wife. Now the f

Hi, my sister's husband is died and he got married twice. He got divorced from first wife. Now the first wife is claiming the pension and property of my sister's husband. Please let me know if she has legal rights to claim the property and pension from my sister's husband who died recently.

Advocate Saifuddin Saifee answered
On the basis of the above mentioned facts we are of the opinion that your sister is true legal hier of her husband and divorced wife has no rights in the property of her exhusband. All we need is the divorce deed executed between them. if you have such divorce deed you may consult us with the same because we need to see was it a valid divorce and was the second marrige valid as per the laws ?

Q: how guarantor can get rid his property

my relatives hade taken loan from BOB and that time we were guarantor for him, they are not paye of loan amount and then bank nillam his property, during nilami (sold 1 property out of 3), bank recover only principal amount but stills Interest are not recover, now bank have 2 leftover property 1 is loan Holder & second property is guarantor property. how can guarantor leave his property please suggest

Advocate Saifuddin Saifee answered
On the basis of your above narrated facts I am of the opinion that bank will first setoff its loans from the properties of borrower, then if amount is not settled and your property is collateral mortgage then only bank can attach it.

Q: How to recover the money for non-payment of the invoice

I am  from nagda,Ujjain Madhya Pradesh our registered proprietorship is Shri Sai saw mill I sale a product to jodhpur party and how to recover the amount please provide me procedure.

Advocate Saifuddin Saifee answered
For the recovery of dues you need to file a civil suiet also known as B suiet, for filling such suiet you need to pay stamp duty, you need to file purchase order (if available), invoice, delivery challan, demand notice send to other party any other document relevant to saleIf your is a small scale industry and registered with DIC and have udyog adhar no then we have an alternate recovery process for you whi h is much cost effective and fast process.

Q: Clarification on claim of compensation in motor accident matter

I met an accident few days back and the person who got hurt had filed a police case against me. Is it safe for me to plead guilty. And if I please guilty then who will pay the compensation set my MACT me or my insurance company

Advocate Saifuddin Saifee answered
If its not a death case and your vehicle is insured then pleading guilty will not be a problem, if so pleaded court will impose fine and close the matter and other side intrested in compensation will get it from insurance company.

Q: Compromised accident case's affect on government job

Sir the other party can file case on me for the accident and the the both party can compromise between them and case is finished so any problem in future police verification for the govt job in accidents only one hand was factured

Advocate Saifuddin Saifee answered
It will be safe to compromise the matter before the court in claim case, as it is just an accident you need not be worried about, it can also be compromise before the criminal court but till then police investigation needs to be completed.