Advocate Ajay Mishra

Questions Answered by Advocate Ajay Mishra

Q: I made an land sale agreement but the cheque buyer gave got Bounced

I am a seller of agricultural land so I made an agreement with the buyer for the amount of 20lakhs he gave me 2 lakhs with two cheques of 1 lakh each (cheque no. mentioned in agreement) and said to deposit in the bank on Monday. but after he said me to give 1 lakh by UPI and deposit any one cheque on Monday when I deposited it into the bank it got bounced and the buyer is also not accepting calls. now I want to sell that land to another person Can I do it now by giving his 1Lakh back to him?

Advocate Ajay Mishra answered
You can do so but before that it is necessary that you cancel the contract by sending a legal notice to the opposite party and stating the reasons for canceling the contract. Return one lakh rupees from UPI back to his account, which you have received, as well as publish a public notice in the leading newspaper of your area stating that the contract has been cancelled. Only after that you should deal with someone else to sell the land.

Q: फैमिली मैटर तथा पत्नी के धमकी देने के संबंधी

मेरी पत्नी बार बार खुद मरने की मेरे 5 महीने के बच्चे को मारने की धमकी देती है और साथ ही सुसाइड नोट लिख कर फसाने का कहती है। वह मुझे मेरे परिवार से अलग करना चाहती है साथ ही उसने मेरी बहन के ससुराल में भी उल्टी सीधी बारे बताकर बहन की जिंदगी में भी तबाही मचाई इतने पर भी मैं और मेरा परिवार उसे माफ कर अपनाने के लिए तैयार है फिर भी वह ऐसा कर रही है।कृपया बताए क्या किया जाए।

Advocate Ajay Mishra answered
यदि आपकी पत्नी सुसाइड करने की धमकी दे रही है तो उसके लिखित में अपने पास के थाने में शिकायत करें और यदि उसकी सपोर्ट में कोई सबूत भी आपके पास में है तो वह भी थाने में उपलब्ध कराएं साथ ही साथ आप इसके आधार पर अपनी पत्नी से तलाक के लिए भी दावा प्रस्तुत कर सकते हैंऔर आपकी बहन के साथ में उन्होंने जो भी बदसलूकी की है उसके लिए आपकी बहन आपकी पत्नी के विरुद्ध घरेलू हिंसा का प्रकरण दर्ज कर सकती हैं

Q: How to present my mother if she has lost her mental balance

If my mother has lost mental balance which we may call pagal how can we present her in the court for hearing.

Advocate Ajay Mishra answered
if you and your family think that she suffering for from mental disorder than first approach to psychiatrist and after confirmation from psychiatrist doctor produce those paper before the honorable court and request from the court that they reffer for medical board.

Q: Procedure to cancel agreement of property before buying.

Sir I have agreement for property purchase but now I do not want to purchase property.how I break the agreement and how my money back.

Advocate Ajay Mishra answered
You have two options first one dissolve the agreement by mutual understanding and second one is file a case for recovery , both the options are good but if you go for first option then it's much better option for you .because if you go for second option the litigation will take a long time to decide through Court

Q: What to do someone do a false promises of marriage

My collegue proposed me for marriage,he is much confident about his family also that i will convence him,he despirately want to marry me,i accepted his proposal by making all my things clear(that if this relationship ends at marriage,then i will ready,u will take a tym,another thing our caste issue im brahmin ,he is rajput lots of diffrences between us,that tym he agreed to everythin)we spend a tym around 1.5 yrs,we had a sexual realtionship also bt when this matter goes to his family for marriage,his family completly against this marriage,as tym being passed his family started abusing me,dhmkiya dene lage,bt i was nt affected by all this bt the guy will take his step back....i asked him that i cant do marry to another one,as im immotionally and physcially attached with u and also im very much clear abt this if this realtionship ends in marriage,then only i will go for this..bt after all this he started abusing me,nw he is going to married another girl.can i complain

Advocate Ajay Mishra answered
Yes, if your partner promised for marriage and now if he denied and a sexual relationship is established between both of you.now you have a right to file a criminal case against your partner for cheating under section 420 of IPC and Criminal Case under section 376 also for rape and formental & physical abusing.