Advocate Alok Kumar Tripathi

Questions Answered by Advocate Alok Kumar Tripathi (50+ answers)

Q: How to transfer property from mother to daughter in gift deed ?

Mother wants to give her property to her daughter in gift deed ,can mother gift property to daughter ?what is the procedure?

Advocate Alok Kumar Tripathi answered
The Person can give his/ her property in the gift by making gift deed in the favour of any person. the gift deed must be signed and verified before the sub-registrar and after paying the stamp duty on the valuation of property. it becomes proper gift deed.

Q: Can I sell minor's share of property?, can guardian sell minor's property ?

is it possible to sell minors share in the property , supreme court judgment on sale of minor property , pleaseadvise

Advocate Alok Kumar Tripathi answered
"As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court," "Under sub-section (3) of Section 8, disposal of such an immovable property by a natural guardian, in contravention of subsection (1) or subsection (2) of Section 8, is voidable at the instance of the minor or any person claiming under him,"

Q: Can a guarantor withdraw his guarantee ?

Sir, I want to withdraw from being a guarantor for my husband since he is physically mentally torturing me and my baby. He is on bail now. how to withdraw from being a guarantor in india ?

Advocate Alok Kumar Tripathi answered
mam,you have to move application for discharge of surety in the court, thereafter the court after going through your application the court may grant leave to you and order your husband to arrange any other surety.and you may at the same time or thereafter move to the appropriate court for your own cause

Q: How to handle the false case of 377 by wife ?

My friend's wife has filed false 377 against him, after 1 month of marriage. 2) What are the chances of my friend getting anticipatory bail in 377? There was no such act done by my friend with his wife. 3) I am worried about the consequences of this misuse of section 377 by wife

Advocate Alok Kumar Tripathi answered
Dear sir,If her complaint is base less and only to implicate you in such a serious case you may get anticipatory bail. Even you may get regular bail too for your friend.The anticipatory and regular bail conditions are different but you may get depends upon the complaint and evidence adduced by police / complainant

Q: How to file a complaint against an army officer in india ?

I am a army soldier. Medical category S3 Problem torched by Senior in Admin Want to make an appeal in tribunal court, Where to file a harassment case complaint against army officer, he is a senior in army

Advocate Alok Kumar Tripathi answered
Dear sir, you may file matter in the armed forces tribunal for his illegal act, under your petition you may seek disciplinary action again the official. Under your petition we need your medical documents for drafting and filing purposes.