Advocate Abhijit Bhattacharya

Questions Answered by Advocate Abhijit Bhattacharya

Q: How to get bail in case of Sec 251aa

My brother carried his pistol in school to bring his niece and der occurred an argument for fee issue as it was due n also he made a part payment and assured da school authority in writing to clear da dues on or before 7th April as but school principal denied made him get out of da school and on the other side his niece kept crying as she was all alone in da hostel seeing dis situation my brother became so hyper that his pistol came out from his pocket and ultimately the school authority got a chance and lodged a complaint in police station.now police has imposed sec 25 1aa on him .please advice what to do for da bail

Advocate Abhijit Bhattacharya answered
If your brother is not arrested he can obtain anticipatory bail under section 239 CrPC from High Court or Sessions Court, but if he is arrested initially you need to move a bail application in the court of Chief Metropolitan Magistrate of your district

Q: Can I be arrested if I get a notice to appear at PS u/s 419 IPC?

I have been sent a notice to appear in a PS by the investigating officer within 7 days. Case registered against me was u/s 419 IPC. What are the likely scenarios i might come across when i appear in the PS? Can i be arrested without warrant? Please help.

Advocate Abhijit Bhattacharya answered
section 419 of the Indian Penal Code, 1860, punishes for offence of cheating by impersonation. The section is bailable and hence police is empowered to give bail. Generally when notice is issued u/s 41 (A) of CrPC, and the accused appears in pursuant thereto before the investigating officer, he is not arrested, but as the section is cognizable police has the power of arresting without warrant. Thus, it is better to comply with the notice, however at the time of appearing before the police station, it is better to appear along with surety, although in the judgment of Arnesh Kumar the Hon'ble Apex court has held that arrest is not mandatory in offenses punishable till the term of seven years of imprisonment.

Q: Re-registration of property on the name of 3rd party

Hindu- can a property registered in the name of two people then be re-done in the name of 3 people?

Advocate Abhijit Bhattacharya answered
As per transfer of property act immovable property can be transferred in between two living persons. Thus there is no legal bar in transferring a joint property to a third party provided the sale is jointly effected by both the owner vide a common deed of convience

Q: Husband taken loan against father-in-laws property, what to do

My husband take loan of 40 lakh against my father property not repaying installment what i will do now please help me

Advocate Abhijit Bhattacharya answered
First please understand that in order to take a loan against a property, it is important to create equatable mortgage upon the property, please tell me how mortgage was created by your husband upon the property of your father?. Did your father himself deposit the title deed in order to create the mortgage upon his property to secure the loan taken by your husband?. If the answers to my aforesaid queries are yes, than, in regards to the loan taken by your husband there is no way out legally than to liquidate the loan amount, if the answers are in negative, meaning thereby, your husband played a fraud and in deceitful manner took loan creating equitable mortgage upon the property of your father and now intentionally not paying the loan, then your recourse is open by filing a complaint case against your husband before a criminal court u/s 420 Indian Penal Code, I presume that in order to create mortgage your husband might have recourse to forgery also, in that case along with section 420, section 468 of the Indian Penal Code will also be attracted. However, I donot advice you to file a police complaint, as police may be reluctant in registering FIR against your husband.