Advocate Diptiman Pal

Questions Answered by Advocate Diptiman Pal

Q: Can partition suit be challenged after decree?

My father was the plaintiff in partition suit against my two uncle. In that case the schedule of property was 20 khattas in the described plaint. But the 4 kattas was sold jointly by my father and one uncle before 17 years from earlier of partition suit.so the physically total property is 16 kattas. But that was not mentioned in that case. Similarly the defendant did not arise this issue as he had the knowledge of sale. during the pendency of the suit both of my father and uncle passed away. after that me and my cousin are substitute plaintiffs and defendant respectively. I also mistakely not mentioned the sale details in that case.. repeatedly the next deffendent does not arise the issu..after all of this I got expartee preliminary decree over 20 katthas and got appointment of advocate commissioner. the advocate commissioner has confirmed his report before court on 16 kathhas.1)now the deffendent can arise this issues in partition suit? 2)the commissioner report may be canceled 3) thecase maybe dismissed?

Advocate Diptiman Pal answered
Yes it can be dismissed as the schedule is vague one. Now you can amend the plaint according to order 6 Rule 17 read with section 151 CPC. If the judge allowed the petition then you can file the amended plaint. For further details you may take advice from your Learner Advocate.

Q: Is power of attorney valid after death of the principal ?

Hello ! I (Hindu) want to know that 1) will a registered general​/specific POA still be valid after the death of the principal, where agents are legal heirs of the principal. Or it gets terminated ? Principal : my father Agents : me, my 4 siblings and my mother 2) In the process of Registering a POA, does the court verify the principal's ownership over the property, against which the POA is made ?, what is the validity of power of attorney after death of one of the principal ?

Advocate Diptiman Pal answered
First of all a person who Is/are the absolute owner of a property he may make a POA . But after death his right , title interest over the property inherite to his heirs. So the POA has no effect after the death of POA maker. Actually POA can registered at the registration office before the registrar. But recently supreme court give a very important verdict about the POA. For further details you may consult a civil lawyer. Thank you.

Q: Can 498a case continue after divorce ?

We got married in 2007. We have a son (DOB 10.11.2010). We were staying separate since November 2012. In April 2013 she has filled a 498A ipc case. In April 2018 we have got mutual divorce. Our son stays with her mother. at the time of Divorce my wife did a notary where she had mentioned that within next 3 months from the date of Divorce she will withdraw the 498A case (it is mentioned in our divorce paper also that she will withdraw all the pending cases as soon as possible). But even after 11 months of our divorce she didn't take any attempt to withdraw it. She didn't even appear for the 498A case since last 2 years. But I'm giving my Hajira on every date. Kindly suggest me what action can be taken against it.

Advocate Diptiman Pal answered
Quashing of FIR in 498a can be filed under crpc 438 in high court and it can be done only before trial starts. Quashing of FIR is a tough matter ! Courts generally are reluctant to interfere at the stage of investigation and only very strong grounds + persuasive arguments can make a bench sit up and taking a 482 matter seriously.

Q: How long does it take to evict a tenant in India

How long does it take to legally evict a tenant in India if the tenant is not paying full rent on time? and what is latest supreme court judgement on eviction of tenant?

Advocate Diptiman Pal answered
First of all, let me know is the tenant defaulter in payment of rent or not? No lawyer can be tell about the time span of a case as there is no certainty in proceeding. Normally it takes 3-7 years. but if you really want to speedy trial then you can apply such petition before the court.Thanks.

Q: What is Ex Parte Divorce in India: Understanding Exparte Party Divorce in Contested Proceedings

I received a divorce notice from my husband in May 2014, and I contested the same. I was able to represent myself in court until mid-2016, but thereafter, I could not attend court proceedings as I am out of the state. Recently, in the e-court status, it's showing 'ex parte' twice in October 2017. What does this mean? I am also now seeking divorce. What should I do now to proceed with the case? Please suggest.

Advocate Diptiman Pal answered
First of all, let me know, can your husband proved his case for getting decree of divorce. If he has succeeded then you have no tension. Apply a certified copy of divorce. If your husband has not prove his case then Firstly you may contact your husband and approach him about a mutual divorce. I think he will agree with your proposal then file a joint petition for mutual divorce.thank you.