Advocate Amin Ashok

Questions Answered by Advocate Amin Ashok

Q: What is the right of a daughter in parents property

mother become farmar during 1999 through father application to mamlatdar to allow her as a farmar.she died in 2015 without will. her daughter become farmar after pedhinama and as a legel hair..now father declare in 2016 in will that my said land to be transfer to one of his son.son goes to court to dis allow sister as a owner and prey for entry cecellation .now what are the wright of daughter?

Advocate Amin Ashok answered
After 2005 as per Supreme Court judgement daughter will have equal share in the right of the property in case no will is executed by deceased father. This is as per the amendment incorporated in Hindu Succession Act. Thus as a daughter she will have equal right in property of deceased and she can very well become owner of the land in question based on the pedhinama (pedigree) of the deceased.

Q: Want to reduce the punishment for criminal case

pocso,sec,6.ipc.366.376,302 case done by lawyer but no evidence for survive what we do the next step for low punishment ?

Advocate Amin Ashok answered
Dear QueristFirst of all you will have to contact good lawyer and study the ingredients for invoking POCSO. If your case does not fall with the provisions of POCSO then by representing the same to the concerned Court you can get the punishment reduced. Otherwise there is no chance for reducing the punishment if POCSO is applicable as the Courts do not grant mercy or take lenient view because of the stringent provisions as this is a very critical law especially for social justice and justice for poor, downtrodden and helpless people especially children.

Q: What if a security cheque that I gave in 2008 gets bounced in 2016

Cheque personal mal kharidne hetu diye cheque ke samne mal bhi nhi bheja auur cheque vapas nhi dekar 5mah bad bank me dalkar case kardiya cheque 2008 me case abhi2016 me kiya me court me hajir bhi hua meri halat vakil karne ki nhi he muje salah dijiye kya karu

Advocate Amin Ashok answered
Dear QueriestYou have given the cheque for the transaction of purchasing the goods even though in the form of security. If you have given blank cheque without date the other party can get it deposited and in case of return of cheque can prosecute you under S-138 of NI Act in a criminal court. However you have to think about the defence to be taken for the points of filing of such case late and find out the documentary evidence for the same.

Q: Legal remedy against harassment by grandfather for property

I am 22 years old and since a lot many years my nana and my mom are mentally torturing my father. My nana goes and tells things about my father to people which isn't true and my mother supports him and keeps on lying to my father. she doesn't do chores or do anything apart from making blunders and trouble form family. my father is a loving & caring person and now looking at him all frustrated and not able to focus on work cause of them. we aren't a joint family. I know she won't give divorce and my nana is( to my knowledge) using her to take over all of our property. I wanted to know if I can help my father with this burden as being of legal age. (as required we are hindu(brahmin)).

Advocate Amin Ashok answered
Querist First of all the situation is very delicate as it is a matter between husband and wife. You have to gather the evidence to prove your say about the conduct and behavior of your Nana and mom. On getting such specif evidences, you can first give them notice through local lawyer for violating the duties as legally married wife to your mother and separately to your Nana specifically telling them about your conduct and say them to refrain from such acts failing which you will take suitable legal action. Regarding your father's property your Nana and mom cannot do anything directly and tell your father to be cautious and not give anything in writing which may go against him.Further even after notice the harassment continues, you can give suitably drafted advertisement in local newspaper in local language specifying about the behaviour of your Nama and mom and inform to the general public in the form of warning not to deal with them in any financial or property transaction concerning to your father.Ashok Amin

Q: Legal action as boy threatening to defame the girl using her mail

My cousin was in a relationship with a boy(both Hindu)for 8months.She ended the relationship because the boy was cheating on her.One mutual friend asked about their relationship so she told him that they are not together as the boy was cheating on her.This friend revealed this conversation to the boy without informing her.The boy got angry and threatened her that he will put a defamation case on her if she doesn’t apologise over email and even sent a draft format for a formal apology.We did not want to get into any trouble so my cousin wrote the mail saying that her conversation with the mutual friend was not intended to defame him and it was a conversation between two friends.After 2-3 days the boy again wrote her a mail saying that she should keep her mouth shut and he will show the previous mail to all the common people to prove her lie.She is quite afraid as the boy even threatened to come to her house and create a scene.Are there grounds of a case of defamation against my cousin?

Advocate Amin Ashok answered
Hello Query raiserIf the relationship was simply friendship without getting physical then her boy friend cannot take any legal action. Regarding the matter of coming home to defame her she should take her family members in confidence by telling the facts. The Boy can be issued communication in the form of milk warning about the defamation action if at all he is contemplating against your cousin. She should say full details about the alleged e mail exchanged between them. If there is nothing like commitment then her boy friend cannot take any action. She can also give counter defamation notice to her boy friend for his conduct and threat.Ashok Amin