Advocate Ananya Mishra

Questions Answered by Advocate Ananya Mishra

Q: Removal of co owner share on the basis of not obeying mutual agreement

(i) One house in joint three brothers (X, Y and Z) name. However, the entire cost of purchase of land was paid by two brothers (X and Y) only and a joint bank loan. The registry deed does not mention on ownership of each brother. (ii) An agreement was executed dividing the house in three-part floor wise and roof on the joint basis. Although Z never obeyed the same and did not pay the bank loan although it is mandated in a written agreement. (iii) X and Y paid the bank loan through negotiation as the bank intend to sell the house. (iv) At the same time, Z became violent and three criminal cases are lodged against him and his wife. (v) Can we acquire their share and if yes under which rule.

Advocate Ananya Mishra answered
You will have to file a civil suit for the breach of agreement in the court within whose jurisdiction the house is situated and have to file a copy of the agreement entered into with your brother along with the plaint.

Q: Theft of chequebook and distribution of cheques

My sister is studying medicine abroad...And we misplaced her chequebook after she was gone abroad. Later we went to the bank to inform that we lost her chequebook and ATM card but the bank refused to close the account. Then they said to tell your sister that send an email from the registered email but she said that I don't even remember the email. Later we came to know that someone stole the ATM and chequebook from our home, it had not been lost. And we tried to get to that person but we came to know that it was a set up for us...That guy distributed our cheques to some persons whom we don't know...Know those persons are threatening us that they will file a case against us...We told them that that guy stole it from our home...even the signature on those cheques are fake...Now we are in trouble, we don't know what to do? As per our knowledge the cheques are 3 month valid and I think it has been more than 4 months since we lost that cheque book... please help. we don't know what to do?

Advocate Ananya Mishra answered
Immediately lodge an F.I.R. in the police station near you regarding theft of cheque book and ATM Card so that if the persons who are threatening to file a case against you if at all file any criminal case you can give copy of the F.I.R. lodged in the police station by you as evidence in the court .