Advocate Akhilesh Kumar Pandey

Questions Answered by Advocate Akhilesh Kumar Pandey

Q: Cheque bounce accused is not recieving any notice of court

Accused of cheque bounce is not recieving any notice of court ..he is showing door locked of his house and shop...what should be my next step...or what will be the court's next step

Advocate Akhilesh Kumar Pandey answered
आप कोर्ट के माध्यम से BW इश्यू करवाए।कोर्ट सम्मन भेज रहा होगा और अगर सम्मन पे रिपोर्ट बार बार यही आएगी तो कोर्ट BW काआदेश दे देगा। BW के आदेश होते ही उसको पुलिस रिपोर्ट लगाएगी आपका केस में अगला स्टेप आजाएगा।

Q: Client has taken money in cash & some account transfer

Mera naam lakshya deep singh mujhe mere client ne cheque di thi jo bounce ho gyi hai ab wo paise return nhi kr raha hai

Advocate Akhilesh Kumar Pandey answered
आपको NI act के तहत समय से मुकदमा कायम करवाना चाहिए। समय से मुकदमा नहीं लिखाया गया तो टाइम बार होजाएगा इसलिए एक महीने के अंदर आपको नोटिस और मुकदमा कायम करवा देना चाहिए। सम्बन्धित बैंक ब्रांच से आपको मेमो निकलवा के कोर्ट केस वकील के माध्यम से कायम करवाए

Q: How to transfer property after both parents have passed away

My mother was murdered and my father died due to liver ailment. Now i have death certificate of my mom and dad. how to transfer property after death of parents? And what are the documents needed for same.

Advocate Akhilesh Kumar Pandey answered
Hi, you can get the property transferred in your name. if it is a landed property go to your tahasildar office and do the necessary formalities to get it mutated in your name. The documents needed are:-1. Death certificate of your parents .2. ration card / your birth certificate to prove you as the son and the legal heir3. If your mother's mother or father's mother alive take NOC from them(Supposing they are no more)3. property tax paid receipts.4. application form for mutation and receipt of fee paid for it. The tahasildar office will guide you and help you with all necessary documents., provide accordingly.

Q: How to get divorce from abusive husband and family asking for dowry?

Last month my sister got married. It was arranged marraige .everything was okay .While at the time of date fix Groom was in a government job but fews days later he got promotion and indirectly they(groom family) asked for some more money.But we said no as next year there was another marraige at our home.They said ok. Nothing happened that time.after marraige my sister went there.her mother laws asked for her all jwellry .my sister gave it to them.but slowly they started taunting her.one day my sister went to a parlour and had her hair cut.when she came her mother in law got angry and scolded her bitterly by saying that at our place after marraige​ no hair cut is allowed .etc .after that there were always problems even on petty things .one day my sister said on phone that her husband put a hot iron on her leg when she was agruing to him and she got burnt her leg..2 days later when she was alone she went to a nearby doctor and also got a medical report on that.. wht shld we do.

Advocate Akhilesh Kumar Pandey answered
File a divorce petition under section 13(1) of the Hindu Marriage Act before the Family Court.The Hindu Marriage Act-1955 has given the legal provision for divorce on basis of cruelty under section – 13(1)(ia) as follows;“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”.On basis of this section we can explain this legal basis for the divorce as anybody who is getting suffer from the other party in physical manner or a mental torture or any other type of harassment then the other can reach to the court with this base and claim for the divorce.

Q: How to we get fathers REGISTERED WILL mutated?

My father got his will registered on 9.8.2000, who died on 10.04.2001. .I am in possession of all my landed property given to me in fathers will. On applying to Nagarpalika for mutation ,we were asked to get it distributed from civil court so In 2003 a case of distribution was filed.even though will was accepted by all ofour 5 brothers but the judge required all the brothers to reach the court at the same time which could not happen due to unwillingness of 1 brother and the case after a long wait ,was dismissed in default. Then I files a suit for my share to be distributed for myself but after 7-8 years the file was attached to the original case as the case of the same nature is already pending .The advocate has now advised me to reopen the old case again and fight it to the conclusion on merit. A lawyer advised to move a petition in high court that the nagarpalika has to mutate it which actually need.What should i do.i am a hindu of 59 yrs of age.

Advocate Akhilesh Kumar Pandey answered
t is very strange demand on part of judge to reach court at the same time and if anybody failed then dismissed the case. It is not plausible and is a very strange ground for dismissal and there is no such ground permitting the court to dismiss the case in default as stated by you in your query. After the lapse of a considerable time of almost 7 years, it is difficult to get the case reopened. Details are missing. details are required to be examined. If required consult with details