Advocate Gunjan Vispute

Questions Answered by Advocate Gunjan Vispute

Q: property posession issue in my family

we have combined family, including uncles their childrens etc. our home was bought by my great grand father, and the home is still having my grandfather as owner. problem is, my family members are not allowing my brother to enter home, they saying false things about him in public, such as, he doesnt come into anyones happiness or sadness moments n ceremonies, he keep locked hinself in his room, doesnt talk with others blah blah. they have beaten him, and when he left hospital, they were not allowing him, also no one is talking to him, what he can do in this situation? any legal rights ge have or he is just peice of garbage for these family.

Advocate Gunjan Vispute answered
he can file a partition suit for partition of inherited property and obtain possession including rent for the duration till now. There is also a scope of possession suit but as the property is ancestral property this will ultimately lead to partition only.

Q: Question is regarding 164(5)(A) plus another lie FIR 353, 269

Lie false FIR against me and wife (30th January) - Notice 41 - Notice 91 - Police notice says come for investigation but arrested - Produced in court - Bail - Chargesheet filed but not informed - First court date not informed (March) - Summons issued - Next date 18th NovembernnCross FIR - Two FIR - Intentional By PolicennPolice filed FIR late against 4 people my wife complainant (May month) - Police with cheating took our sign - She wrote application contents are missing and sections are missing - Police send a letter stating that come for meeting - Then after one week - Police send a notice which had 164(5)(A) in which just one day later meeting with judge from another court, our written say not taken, why? Wife called after 2 days again for statement by court

Advocate Gunjan Vispute answered
The said scenario needed to be elaborated in brief to be addressed in the right way by personal communication. Apart from that your written statement shall be submitted by your engaged advocate within the stipulated time and if you feel victimized of any false FIR then a legal remedy can be optated by making an application for quashing the false FIR in High Court by which even legal action may be initiated against any person of authority with malafide intentions.

Q: Dishonor of cheque 40000 due to insufficient fund

Party gives me cheque of 40000 on 19 may 2022 which I submitted in bank of maharashtra on 25 may 2022 this cheque was bounce due to insufficient fund. But I come to know on 4 July when I visit bank.CAN I lodge complaint against it.?

Advocate Gunjan Vispute answered
usually the limitation for filing a petition for cheque bounce is 30 days from the date of dishonor of the respective cheque. the bank may have notified you within 3 days from 25th May that the cheque has been dishonored.

Q: Procedure For Court Marriage..

The bride is from Mumbai and groom is from another city what is the procedure of court marriage. And what all documents needed.

Advocate Gunjan Vispute answered
There are two procedures you can optate i.e. you can make an application to District Majistrate following to which they will provide you a date which is generally after 1 to 3 months/ or/ if both of you can constitute a marriage by rituals in small and register that marriage at your local muncipal authority.

Q: Ownership Transfer of house co-owned by father & son

HiI bought house in 2003 in housing society with my father as Co-owner. Registered House Purchase agreement has both of our names clearly mentioned. nHome loan entire EMI was paid from my salary account for entire duration of loan.In 2004 My father passed away without any will in placeI have a Mother and two siblings. nI was planning to sell this house but not sure what happens to share of my father in joint property. I am not sure what type of joint ownership will be applicable for this as sales agreement does not specifically mention same & only mentions both of our names as "Flat Purchaser" nnCan you please guide on above ? ( Religion - Hindu )

Advocate Gunjan Vispute answered
This is a common issue and can be addressed briefly when you contact us. To provide a remedy in short, you can sell the said flat with the consent of other legal heir where their share can be distributed between 50% share of your father and also then you be entitled to claim the share of Sum paid by you, accordingly.