Advocate A Sabur Tapader

Questions Answered by Advocate A Sabur Tapader

Q: POA from buyer side while registering property sale deed

A buyer of a property may not be available to be physically present while registering the sale deed. in this case, can the buyer execute a power of attorney to a trusted person who will be present to perform the rights of the buyer while registering?

Advocate A Sabur Tapader answered
Yes, Power of Attorney can be executed while buying the property, family man with reasons required to be stated in power of attorney, Hobble Supreme Court of India ruled that property sale through power of attorney is illegal except reasons either family man or medical grounds, no power of attorney required to be drafted property, for Assam, after executing Power of attorney, its its always advisable to show it to sub-registrar before executing it. General power of attorney is always advisable. Tku

Q: Possibility to get bail against case filed by wife u/s 498a of IPC

My husband lodge an for against mi IPC section 448/323 on 14april 2018, after that I have lodge an fir against him IPC section 498a/294/506 on 28 may 2018 with some evidences as a proof..A.S.I called both of us for investigation and give time for 7 days for mutual understanding between us...now my question is does my husband have to take bail or what steps he can take against m

Advocate A Sabur Tapader answered
498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]Bail is very much possible because of the Apex court guidelines.Section 294 in The Indian Penal Code267 [294. Obscene acts and songs.—Whoever, to the annoyance of others—(a) does any obscene act in any public place, or(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.] this is bailable. 506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.possibility to get bail is also there. Against u: 448 IPC no issue, 323 IPC nothing to be worried. if required we can help u through Lawrato only.

Q: Bail be applied in the same court after once being rejected

How many times I can apply anticipatory bail same court (sessions court) after rejected sessions court

Advocate A Sabur Tapader answered
yes, this is the precedence, new grounds needs to be given. if bench is not there then it will come the regular bench. if AB i hv personal experience of moving the AB for 5 times in gauhati high court. its depends court to court.

Q: Right of land of daughter after death of parents and brother

I am a Muslim married girl. My father was died on 8 May 2012. Mother died on 22 December 2016 and my only brother died on 14 July 2017 leaving his wife and two daughters. Have I any right on land property of my parents?

Advocate A Sabur Tapader answered
The 1/6 share isfor the father when the deceased leaves children;for the grandfather;for the mother when the deceased leaves children or two or more brothers and sisters;for the grandmother when the deceased leaves children or two or more brothers and sisters;for the son’s daughter when the deceased has one daughter;for one or more half – sisters when there is a sisterfor two or mother’s children;

Q: Rent house owner demanding extra money what should I do

I am staying in a rent house from 19 august 2017 with rent 1200 Rs. rent and i have paid the rent... today i have decided to leave the house and come back home due to some my personal problems before one month... But the rent house owner asking rent of another month illegally for that month i have not stayed. Sir, what should i do??

Advocate A Sabur Tapader answered
This is a common problem, use/misuse of the premises by the tenant or his/her refusal to vacate, delay in payment of rent and nonpayment of maintenance fee on time are some reasons for this, let’s see whether u got rent agreement, its terms and conditions etc. We need to keep in mind few things while getting the house on rent so that he can avoid hassles later. Here main factor will be vacating period and intimation to landlord.