Advocate Dhruvil Gautam Merchant

Questions Answered by Advocate Dhruvil Gautam Merchant

Q: Clarification on place of jurisdiction to file property case

My father has one ancestral house in K and 3purchased flat in K itself. And he own one 2storyed house in V. All of which he wants to give to my sister and her husband. Which is the correct city for me to file a property case as he is having property in both the cities.

Advocate Dhruvil Gautam Merchant answered
Since there are properties in both cities of K AND V , You will have to file two separate civil suits in both the cities for the respective properties, unless you can establish that one court has the jurisdiction of both cities, K and V are into the jurisdiction of one single court.

Q: What to do if the bank is saying to put a NI case on me

Sir i have purchased a honda activa in june 2017 by paying 27000 as down payment from induslnd bank gandhidham.after 1 month i got hospitalised and came to my house in kerala giving activa to my husband. But now he is not paying emi and 4 emis are pending.But now He has hidden the vehicle somewhere. Bankers also cannot chase activa. Now they are saying that they will file case 138 on me. What will i do sir pls help.

Advocate Dhruvil Gautam Merchant answered
Sir, First of all you need to file a missing vehicle complaint if the vehicle was purchased under your name. You will also need to intimate your husband about the actions of the bank by way of a legal notice. Assuming you have not had a written agreement with your husband about using the Activa, you will need to start paying the emi as soon as possible to avoid litigation as the bank is only concerned with its money, unless you have intimated the bank and your husband by way of a written letter/ other document that the ownership/user rights are transferred to your husband.