Advocate Bigul Nanda

Questions Answered by Advocate Bigul Nanda

Q: Husband withdrew money from mis joint account without consent

My husband withdrew money from mis post office joint account without consent, he said he was primary holder, he can withdraw, but it was a joint account, can he withdraw all moeny without my sign and concern

Advocate Bigul Nanda answered
Hi..good morning..The answer you are seeking for regarding your query tottaly deoends upon the rules and regulations framed by the post office for regulating a joint account so its better for you to go to post office and ask from them whether one spouse can withdraw money without getting permission and signature on reciept from other spouse.

Q: Major issue regarding pre agreed terms on sale of house

There are 3 brothers & they live in a house with 3 floors, each having his own floor. The second brother has taken a lot of money from people & is unable to pay back due to his bankruptcy. He asked the other two to sell the house so that he could pay the money back. So they put the house up for sale & it was agreed that the 2 brothers would take 4.5 crores each & he would take the remaining 4 crores (the house is being sold for 13 crores(. So both the brothers had already got a legal document signed by him agreeinf to all these terms & now at the time of registery, he's backing out & demanding an equal share. Though we have legal documents with his signatures, we aren't very sure about how to proceed. He has also threatened to kill the two of them if the house isn't sold on his condition. He has taken a lot of money from lot of people & has always pressurised his other two brothers to sell some or the other property to come out of his debts. We're from a Sikh family.

Advocate Bigul Nanda answered
Hi..as per your query i would suggest you to move to competent court of jursidiction for specific performance of contract as you said that a written agreement has been made between all the three brothers and give one criminal complaint against that brother who is threatning their other two brothers for sale of property as per his wish and conditions.

Q: Can wife be made to leave house of inlaws if she claims maintenance

My wife live with my parents and I filed divorce against my wife. When she got summon from the court of divorce case she filed domestic violence case against me, my father and my mother. Both have crossed 70 years. Right now, she lives in my mother self acquired property. She is not much educated. Hoping, she will be claming maintainence and as per my information, she will able to get around 40 thousand. Question: Do we have the possibility to get her out from in laws home after clamining maintenance? if Yes then how much time it will take?

Advocate Bigul Nanda answered
Hi..As per ur facts of the case you can get her vacated anytime from ur mother house by filling a petition in the concerned court. She cannot claim any residence right on ur mother' property rest depends upon other facts of the case.

Q: Can daughter ask for share in property gifted by mother to grandchild

I am a Hindu my mom gifted her property to my son can my sister challenge the gift deed n ask for share?

Advocate Bigul Nanda answered
Hi..as per the information regarding your query given by you i would only like to suggest you that as per hindu succession act, a daughter is also entitled to get equal share in their parents property provided what is the title of the property whether it is ancestral or self acquired.

Q: What is the punishment under law for drink and drive

 I am a 20 year old MBBS student with college outsidr Delhi but have home in Delhi. I was driving througj Chanakyapuri and confidently passed through a police checking for drunk driving. When Breath analyser was used, it showed my reading 50, permissible reading is 30 under MVA. I had just consumed paan 5 minutes before and a cough syrup and listerine mouth wash from home. I did not drink at all. Car was released at spot with a friends license which I got from whatsapp, and I was given court challan for 24.09.2018, and license was impounded. I am terrified and can not even tell at home to my parents since I have exams aswell in next few days, please guide me. I do not want my parents to know or get imprisonment as stated in the act. I can pay fine upto Rs 2.000-2.500. What shall I do?

Advocate Bigul Nanda answered
Hi bro..Good morning, you need not to worry at all for this court challan. You have done a mistake but realizing oneself mistake is also a big deal. So, if you are a first time offender then the court should take leneient view against you rest upto judge prudence and facts of the challan.