Advocate Arun Kumar

Questions Answered by Advocate Arun Kumar

Q: Can relative claim right over land when there is a registered will

Hi, My father was adopted one of father's uncle( Chacha ji) because he did not have any own child. My father was taking care of him till his death like his real father.He made a registered will in favor of my father in 1996 that his all the assets and property will be transfer on my father's name after his death.According to that will mutation of agriculture land was done on my father's name in 2007 but now after 9 years of mutation, my father's real brothers (two out of six) claiming that they also have the right on that property. They offered some money to Tehsildar and sent a summon to us. I would like to know the answer of few questions: 1.If my grand father made a registered will so how can they claim for their right? 2.What actions should we take against them? 3.In Indian law what is the importance of a registered will? 4.what would be the circumstances of this case. Please guide me. Looking for valuable suggestions.

Advocate Arun Kumar answered
Mutation of your father's name was done on the basis of registered will therefore unless the will is declared void by a competent court mutation order passed earlier can not be changed. Appear before the tahsildar and file your objection ..

Q: Can there be a compromise in a criminal case after evidence

criminal cases me intact evidence Ho Jane par compromise ho sakta hai

Advocate Arun Kumar answered
Composition for the compoundable offences can be allowed at any stage including appellate stage. However for quashing of criminal proceedings of a non-compoundable offence on the basis of settlement one should approach High Court on earliest possible stage because after the conclusion of evidence normally court decline interference.

Q: Company deducting bond money when I have not signed any bond

Hello, After i left the company my full and final statement is issued by company with a Huge deduction of bond (Rs.150000) . I have not signed any Bond when i have joined the company ,i have communicated same to HR & asked for revised statement or to share bond Documents. To which HR replied " All (GET-Trainees) has to sign the bond with the company we have not able to find any document & "If someone have not followed the right practice in Mumbai at the time of your joining due to oversight than it does not mean the principal process get change. All GET joiners are liable to pay the service breach bond recovery." Issue is dated back November 2012 , i have not pursuit matters at that time as i thought i don't have enough resources to challenge Big corporation and i felt threatened but now its hampering my current Job opportunity. All New Trainee used to Sign Bond (As HR replied) but during my batch 19 peoples has not signed bond as we have joined at different location.

Advocate Arun Kumar answered
If you worked in managerial cadre (other than workman) of a private organisation your remedy lies before civil court. However matter being quite old i.e. cause of action arising in 2012, limitation will be a hurdle.

Q: Father's brother died,wife remarried,who will get his property

Mere chacha j ki death may 2011 me ek road accident me huii thi wo cantra gadi k driver the jisme unki onspot deth ho gyi thi or clame k jariye 7 lakh someting meri chachi ko mila tha ab march me unhone dusari shadi kr li hai. Unke pass 2 bache hai ek ladka or ek ladki to jo mere chacha ki jameen hai uske bare me bataye pls ki ye sampti Kis ko pass jayegi aagya de sir anurodh hai ki iska jabab milega dhanyavad

Advocate Arun Kumar answered
Award of accidental claim has nothing to do with inheritance of landed property. You have not disclosed necessary facts i.e. the nature of landed property whether it is agricultural land or non - agricultural and whether the land is self acquired property of your uncle or is ancestral property etc. In the absence of such basic facts proper legal advice can not be given.

Q: I have been charged with section 156 of IPC how to defend it

Sir opposite wale party ne hamare upar ipc sec 156 ka case claim kiya h hamre defence me koi ipc ka sec ka jise hum apana defence kar sake court me this releted to the land property i hope sir you reply me as soon as

Advocate Arun Kumar answered
Offence under Section 156, IPC is a non-cognizable, bailable offence and is punishable by fine. What allegations are levelled against you are not before me . However you will be given an opportunity to place your defence and deny the allegations raised by the opposite party.