Advocate Aakash Sachdeva

Questions Answered by Advocate Aakash Sachdeva

Q: Is it safe to purchase a gufted property

Hi, I want to know if it is safe to buy a property which is gifted to current owner by a family member and is registered as gift.

Advocate Aakash Sachdeva answered
yes , why not ?A gift is a valid form of transfer of title from the donor to the donee. You can definitely purchase property that is gifted to the seller by his family without any problems. Just be sure that the gift is not conditional.

Q: Our father Married 2 times, After the 1st wife death he married our mother i.e second wife, 1st wife

Our father Married 2 times, After the 1st wife death he married our mother i.e second wife, 1st wife has 2 daughters aged about 65 years married in 90's and our father gave them 1 property each. our father owns a house, 9 years back he made a registered will on the second wife son's names which are us ( son's of second wife) . In that registered will he clearly mentioned names of 1st wife daughters and second wife son's. and also mentioned that after my death this property belongs only to my son's. now the thing is first wife sisters challenged the will in court, will it stand valid

Advocate Aakash Sachdeva answered
Challenging a will does not make it invalid on itself .You have to prove your will in court through atleast one attesting witness to the will ,if they are alive and capable of giving evidence and you also have to remove doubts and suspicion surrounding your will created by the objectors .

Q: Check my FIR 161 and 164 carefully and advice.

Sir/Madam, A case on me is filed by my ex where the chargesheet is submitted by the police. The lady is 38 year old and a famous doctor from Pune. Here is the summary of entire details. nnFIR- Filed in Jan 2023: 1. Met in Chennai in Jan 2022, then in Amritsar in Feb 2022, he promised to marry in May 2022 in Chandigarh, then met in July 2022 and he raped me at his home in Delhi then again raped me in August 2022. Then he said no to marry in September 2022. n164 Statement: Met in Feb 2022 in Amritsar had oral sex on day 1 we physically met, then met in July in Delhi his parents were not agreeing to the marriage and then he said no in September 2022n161 statement: In december 2021 he said he will marry me on whatsapp and Met in Feb 2022 and he forced me sexually saying he will marry me in amritsar, hotel room was booked by me(lady), Then again i went with him on trip to chandigarh in march 2022 where we had consensual relationship for 7 days. Then in July i met his parents

Advocate Aakash Sachdeva answered
There are certain contradictions in the case itself, but jumping to the conclusion after hearing this much will not be enough. please share more details after that only a logical situation will arise .

Q: Criminal case status - Hearing on Final Form

Criminal case was filed on our family due to property dispute with sections 323,354,504,506 , we took bail and looks like now the police have filed the chanrgesheet .The case status is now changed to "Hearing on FInal Form" , what does that mean ?

Advocate Aakash Sachdeva answered
Police reports may be broadly categorized under two heads, namely - 1- Charge-Sheet and 2- Final Report. If the case is sent up for trial, the report made therein is known as “Charge-Sheet”. Whether the case is not sent up for trial, the report submitted by the police is called “Final Report”.

Q: money claimed for a transaction in cheques bounce case and civil suit

A complainant has filed a cheque bounce case under section 138 of the negotiable instruments act. and the debt due against the cheque is allowed in another civil suit for recovery and possession and application under Order 12 Rule 6 and Order 15A of CPC is allowed in favour of the complainant pertaining to transaction in question in 138 NI complaint during the pendency of the trial U/s 138 NI ActWhat happens to the case Under Section 138 of Ni Act? Can the complainant be awarded the money due by cheque in both civil and criminal case for same transaction. Please also share any judgement in favour or against.

Advocate Aakash Sachdeva answered
138 NI act is to penalize you if you are found guilty that is imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both and on the other hand civil case is for recovery of the amount found due from you. Both can survive side by side for the same transaction !