Advocate Brijesh Kumar Sharma

Questions Answered by Advocate Brijesh Kumar Sharma

Q: How to remove my name from F.I.R 468, 471, 477, 409 IPC r/w 34-IPC

SIR I'm a seafarer.I was a postal agent about 8 years back.After that my agency got expired and I didnt renewal it.After that some fraud has been done with 17 agents names and my name is also included in the compliant.As I didnt get any commission in the form of DD & my bank a/c wasnt credited with the same, and I did not put my signature against the registry while taking the said DD, I assume my signature has been forged. In the support doc of the FIR, the joint collector has been stated in his report that the registry did not maintain properly. Is there any chance to remove my name from FIR.

Advocate Brijesh Kumar Sharma answered
During investigation of FIR if no evidence is found against u than charge sheet can be filed in court without ur name as an accused. But if any evidence is found against u than u will be charge sheeted.

Q: Brother threatening to file case for selling ancestral property?

My father-in-law sold some ancestral property to reconstruct there ancestral house without acknowledging his elder brother. When elder brother decline to share the expenditure we're ready to bear the whole. But elder brother of my father-in-law is torturing him to pay in cash the amnt he get after selling d land. While it has been completely consumed in reconstruction. We r ready to give him d amnt after final settlement of remaining ancestral property. Bt he is torturing my father-in-law regularly. By threatening him of forgery case. It cause to deteriorates his health. Hw can we solve dis?

Advocate Brijesh Kumar Sharma answered
Selling ancestral property in a need by Karta is not a crime. Overall it is a civil dispute only. Verification of title documents of ancestral property needs for rule out any case of forgery is made out or not.

Q: Will i get my money that bounced through cheque by filing a case?

will i get my mey of 3clac back from dat person legally i have done everything i jst need to complain a case legal notice period is been given will he get punishment and will i get my money back plzz let me knw will judge tel him tonpay me plzz help i have done lawyer and done case

Advocate Brijesh Kumar Sharma answered
Yes u can take criminal as well as civil action to recover ur money against who gave u cheque. Criminal action by filling case under section 138 N I Act N civil case by filing recovery suit at the same time or any one.

Q: Want maintenance from father staying in London with other family

My father stays in London. But by birth he is Indian and now NRI . Me and my mother stays in india from last 2 yr he is not sending any money to my mother . He is having his another family in London i am his daughter i want to file case for my rights so that i can financially be strong for my marriage and for mother right so that she can live her life without any financially problem. how can i do that please help me i live in delhi . any legal help which will not cost me more and more

Advocate Brijesh Kumar Sharma answered
Your mother can file case of maintenance against your father before the family court. you are also entitled for maintenance along with our mother if you are below 25 year of age. Your mother also can file a case under provisions of Domestic violence for getting certain other benefit.

Q: Government acquiring land can I get stay on it

If under the current Land Acquisition Act, Govt. take my house and the land, Can I stay in the land till the work starts and the final dispute is over?

Advocate Brijesh Kumar Sharma answered
As per law once the land/house is acquired and payment is made to the party by Govt. than party can not stay legally on the acquired house/land but party can stay in the acquired house/land till the taking actual possession of house/land by Govt. but all in all party can not take any order from court for staying after taking the money from the Govt.