Advocate Aminuddin Khan

Questions Answered by Advocate Aminuddin Khan (25+ answers)

Q: Criminal Breach of Trust and Cheating,

I gave money to my brother, he registered it in his own name. He had no source of income during that period. He bought 220Decimals of Agricultural Land (Rural), in WB. Though I discovered the fraud late on 2024, I immediately lodged FIR on 27.09.2025. Investigation is on way. I have 3 questions, 1) Max For how late can I wait for civil suit? 2) What may be the court fees for the same area 220 Dec (agricultural land, rural, WB) , 3) Can I pursue civil case after criminal is concluded?

Advocate Aminuddin Khan answered
You can file the civil suit now even if the criminal case is pending—do not wait, as limitation may expire. Since you are claiming declaration + possession + injunction, the court fee in WB is usually ad-valorem on the property value, so it must be calculated from the market/registry value. You may file civil even after the criminal case ends, but filing now is safer.

Q: Criminal Case lodged, Should I wait for Civil Case or Lodge it immedia

My sister took money from me and registered landed properties in her name. The value of the landed property is about 18L to 25L. Cite two differently 18 and 25. Criminal breach of trust case registered. Fraud discovered in April 2025. FIR filed Sep 2025. questions -1) If the criminal case takes 3-5-7 years to dispose, can I file civil suit after it, ory limitation extinguish? 2) Court Fee for suit value when 18L and when 25L? Relief claimed is declaration, seeking possession and injunction.

Advocate Aminuddin Khan answered
You can file a civil suit even while the criminal case is pending or before it ends, as both can run simultaneously. However, since limitation may expire, it is safer to file the civil suit now (declaration + possession + injunction) instead of waiting for the criminal case to finish. Court fee depends on the State, and because possession is claimed, it is usually ad-valorem on the suit value (18L/25L), so the exact amount must be calculated as per the local court-fee law.

Q: Home town property issue post father death with no will mother is aliv

We are 2 brothers and one sister. all are staying in different city. after my fathers death both my brother and sister told that they will not take care of mother. now I am taking care of my mother.we have one house in our hometown and my father hasn't made any will. As they are not taking care of mother I want they should not get any share on that property.what can I do in this situation

Advocate Aminuddin Khan answered
If your father didn’t make any will, then as per law your mother, you, your brother and your sister all have equal legal share in the property. So their share cannot be completely cancelled only because they are not taking care of your mother.However, you can take legal steps like mutation, and your mother can transfer her share to you through a Will/Gift Deed. Also, you can file a maintenance case if they are neglecting your mother.For further guidance, please contact me.

Q: property share of grand child in case of no will

what is the share of property of male grand child of deceased mother in case of no will of the maternal grandparents

Advocate Aminuddin Khan answered
If the maternal grandparents died without leaving a will, a male grandchild does not get a direct share in their property. He is entitled only to the share that his deceased mother would have received, and that share is divided equally among her children.For further clarification or legal guidance, please contact me.

Q: Installation of Lift in old building

If in an old apparment for renovation purpose installation of Lift is proposed with slender majority approval (5 for and 4 against),what will be legal complications if 5 Agreed persons contribute fully towards expenses .Actually 3rd and 4th Floor Residents are Agreed,while 1st and 2nd Floor persons(4 in number are opposed to itThere is no resident in ground floor The prospective lift suppliers ( only in Negotiation Stage) have intimated it is electrically possible to by pass 1st and 2nd floor

Advocate Aminuddin Khan answered
Installing a lift in an old apartment with a narrow 5–4 majority is legally risky. A lift is treated as a common facility, so even if only the 5 consenting owners bear the full cost, the 1st and 2nd floor owners who oppose it may raise legal objections. Technically bypassing floors does not fully remove legal issues, as common areas and structural aspects are involved. It is advisable to obtain written consent (NOC) from all owners or ensure the required majority as per the bye-laws before starting the work.For further clarification or detailed advice, please contact me.