Advocate Arjun Chowdhury

Questions Answered by Advocate Arjun Chowdhury

Q: stop payment of a cheque against a caterer

Sir/Madam I requested my bank for stop payment against a caterer who had not supplied food to invitees.they lodged a case against me & issued a lawyer letter but they did not receive my lawyer reply,Again they issued a latter of a wrong address which did not reach at my end.

Advocate Arjun Chowdhury answered
It is pertinent, that they may initiate criminal proceedings against you u/s 138 of NI Act. However, if you have evidences to prove whatever you have stated in your query then better contest the case.And further, how do you know that they have not received your reply to the legal notice and then reissued another notice to a wrong address ?

Q: Cancellation of legal agreement Can be possible

I need to know the legal agreement can be cancelled ?

Advocate Arjun Chowdhury answered
Can only be cancelled with express consent of both the parties. Once an agreement is entered into, it cannot be cancelled if both the parties do not agree to it. And if you violate the agreement terms , you may be held liable for breach of contract

Q: Family cosharer forcefully set aside from my father property

My father has three brother and five sisters.everyone decided to take over our property for promoting except my father.other cosharer had vacant the land.since 6years we are residing here on the said property but during this time they are provoking us by local police moreover they forces us to void the land and filed several cases(144,107) against us.all most every month we are dealing with this problem.In that situation what should I do for?

Advocate Arjun Chowdhury answered
You should file a suit for partition of the joint suit property. If you are not willing to leave the suit property no one else can force you to leave. File the partition suit through an advocate after furnishing legal notice to all the prospective defendants

Q: Property deal went wrong due to seller backoff

and as the seller is an NRI how can i fight a legal case with them and do i stand any chance to get back compensation and also get back my full advance money back ?- can i also file a case on the real estate agent ?- also can i get stay order on their flat till our case is resolved so that they cant sell it to other buyer till the time our dispute solved?- can i fill a case on the POA holder ?

Advocate Arjun Chowdhury answered
Definitely you can. To advice you the correct remedies I need to look into the clauses of the agreement to sell. However, since there is a breach of agreement, you definitely can sue them for damages. Since the seller is an NRI, he must have given the power of attorney to someone else. you have to sue the seller as well as the PoA holder and that will force them to come for a compromise or they might have to pay damages

Q: Property ownership of my father which he bought with my mother's name

I am 31 female hindu.My father bought a land in my mother's name . After her death he converted it to my name and his name . Now am jobless he doesnt give me single penny neither he supported me for my studies and other necessary things he does a lot mental torture since my childhood that's why i m living alone nowNow when he transferred the land to my name can i demand for my ownership as i am not getting good job not more 12k how i am surviving only i know atleast by this land i can secure my future

Advocate Arjun Chowdhury answered
As per your query if land is already been transferred to your name or to be precise ownership is already with you for half of the land, then obviously you can decision as per your wish as to what you want to do with the remaining portion of land. If the land is already transferred to your name, the ownership is with you only and you are free to take decision with respect to that part of the land.