Advocate Gopi Motwani

Questions Answered by Advocate Gopi Motwani

Q: What to do if falsely accused in a motor accident case

Sir, We met with an accident with a car speeding from the opposite side of the road as it was overtaking a truck at a turning on shirdi-ghoti highway. My mother was injured as suffered a fracture due to this accident. On the spot the driver of the other car apologized and agreed to compensate the medical expenses at Mumbai. We too did not file a police complaint as our priority was taking care of my mother. After two days of the accident we got a call from a police station near the accident site saying that a case has been filed against my husband for rash driving and causing injuries. Kindly suggest the way forward.

Advocate Gopi Motwani answered
to be honest lawyer you did a mistake by trusting to opponent. now you have to gather all the proofs and submit as initial stage and then get a lawyer who is good in motor vehicle act in to you locality.

Q: Father died interstate daughter wants to claim the share in property

Hindu: Father passes away in 1988. The house (which is in the name of mother) is distributed between Mother, 3 sons in 1992. His 2 married daughters are not given any share in the house. The youngest son pays the share of the house to his 2 brothers. A MOU (non notarized) is signed between the 3 brothers. Even though the youngest son paid away his brothers, he still keeps the house in the name of the mother. The mother stays with him for the rest of her life and he bears all her expenses throughout as she did not work or generate any income. Mother passes away in 2014 leaving a will which is not registered. Building goes into redevelopment in 2015 and is completed in 2018. For signing the new agreement, the registrar asks the youngest son to get deed release letter from all his siblings. The 2 brothers (who were paid their share in 1992) sign the deed release letter, however the 2 daughters are claiming share of the property and refusing to sign. Do they have a valid claim?

Advocate Gopi Motwani answered
yes, all child have equal right on property. tell the daughters not to sign and ask them to send notice to society as a initial step get the acknowledge of the same notice from society and then heir a lawyer.