Advocate B.A.Zahirudeen

Questions Answered by Advocate B.A.Zahirudeen

Q: Victims of suit of Domestic Violence

Hello sir, My wife name included as A6 with the charge sheet under 498A section. We don't have any blood relation with the compliant , recently we came to know about the chargesheet from A1 candidate . We are about to get the summons from the district court. we are not sure how the police did investigation as none of them were contacted us and we haven't received a single notice from the police or court. Can you please help with the below queries 1. Can i file discharge application at district court ? or shall i file charge sheet quash at high court ? what is the best option and what evidences i can produce? 2. The concern police inspector did favor to the compliant and haven't did any investigation. So how can i take action against him? 3.My wife is pregnant currently so she can't come to court. how can avoid her appearance at court level? 4.Please advise how we can get out of this case

Advocate B.A.Zahirudeen answered
498-A, of IPC defines, husband or relative of husband of women subjecting her cruelty.It is mentioned in the section the accused must be husband or his relatives, relative means it may be indirect relatives, It is not necessary the accused must be direct blood relation, you may file a writ petition of cetoraified mandamus to quash the charges stating the fact your wife is innocent and not even aware of the facts of the case,and explaining the present health condition of your wife if your wife is actually innocent and not connected with offence.

Q: Is power of sale to mortgagee legal and valid?

Is power of sale to a mortgagee without court intervention, legal and valid in a mortgage contract ?

Advocate B.A.Zahirudeen answered
In sarfase act the banks and financial institutions themselves or through their authorised person appointment by the reserve bank are entitled to bring the properties of the mortgagor in auction which the properties are secured for bank loan, on obtaining permission from magistrate of concern jurisdiction

Q: Legal safeguards from land brokers for the property purchased

I purchased a plot recently in chennai. Problem is that i am not in a position to frequently visit my property.So i am afraid that my property might be misused by the other land brokers.How to protect my plot from these scenarios legally. Means preventive measures to protect...

Advocate B.A.Zahirudeen answered
You have to entrust the properties for maintanance with maintanance expenses to the believable and genuine care takers of the property,who is said to be private property care takers with complete written agreement of entrustment.or bailment of immovable property.

Q: Can case be filed u/s 302 IPC read with 106 of Evidence Act

Hello Sirs, A murder was committed on 25-09-2015 in broad day light but unfortunately there is no eye witness that the murderer hacked the victim , But there is evidence that the murderer and his associates found running with weapon inside the fenced property of victim where the murder happened, also there is evidence of enmity as victim was in forefront getting registering a FIR against accused for theft of Hundia in the same village. In this case will section 106 of evidence act come in to picture with following context 1. there is enmity between victim and accused 2. Accused has no business inside victim's fenced property 3. Accused and his associates found running with weapon inside the same fenced property of victim Please help me with suggestion , as 302 cases were convicted with 106 of evidence act.

Advocate B.A.Zahirudeen answered
Section 106 of Indian evidence act is that burden of proving the fact especially within knowledge ,;when any fact is with in the knowledge of any person the burden of proof of that fact is upon him, It is the burden of proof of the witness who has seen the fact the murderer ran in the fenced property of the victim with weapons, and associates ,or the knowledge of fact of the occurance is the burden of proof of intention of the accused is upon the witness, who had the knowledge of the same.

Q: Legal opinion to buy a property belonging to diminished first wife

Shall we buy a property of a diminished first wife from their sons and daughters, still their father is alive? The property is registered in the name of the diminished mother(diminished first wife) from the first itself. (Hindu Family) If so, there is any chance to get claim from the father, second wife, second wife sons and daughters and tier grand children?

Advocate B.A.Zahirudeen answered
The property belongs to the person who is mentioned in the deed as purchaser.unless otherwise the recitals in the deed to show it is blended property from the jiont family property then it is the absolute property of the first wife.Nobody can claim in the property of the first wife.