Advocate Jagriti Sanghi

Questions Answered by Advocate Jagriti Sanghi

Q: Not received memo for handing over stolen device to police

I have recently purchased a mobile from olx claiming used one But after purchasing i got a call from ps that mobile I am using is stolen one and I need to come PS and handover it along with proofs about how I acquired it I did that and seller also came and transferred my money back to me in presence of cop But when I asked for a memo she d Says not needed or something. Which is making me worried now a bit Would like a legal advice on it

Advocate Jagriti Sanghi answered
In good faith by cooperating with the police and getting a refund from the seller, but not receiving a seizure memo or formal acknowledgment when handing over the phone is a valid concern. Under criminal procedure (such as Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 102 of the CrPC), police are required to issue a seizure or property receipt when taking possession of suspected stolen property. To protect yourself from potential liability regarding stolen property (such as under Section 317 of the Bharatiya Nyaya Sanhita, 2023 / Section 411 of the IPC for retaining stolen property), you should formally request a written receipt or seizure memo containing the phone's IMEI number, preserve all transaction proofs and chat history from OLX, and consult a local criminal lawyer if the police refuse to provide documentation.

Q: Asking for increase in regular monthly maintenance given by my Son

My Elder son is PSBank Employee. He is earning 80k per month. He is voluntarily giving 10k per month as maintenance. We are demanding 15k but he is refusing and claiming its hard to him as he has a wife and Daughter and living in city in rented house. I have not given any property or gold anything to him in inheritance. My age is 57 and my wife is 55. We don't have any income. My younger son is doing small business at home town. I'm an alcoholic and getting sick frequent. Can I demand this.

Advocate Jagriti Sanghi answered
Yes, you can legally demand ₹15,000 per month from your elder son. Since you and your wife are 57 and 55 years old with no income, and your son earns ₹80,000 monthly as a PSBank employee, you qualify for parental maintenance under the law. While his responsibilities toward his wife, child, and rented home will be taken into account by authorities, his personal obligations do not legally remove his duty to support his dependent parents. If he refuses your demand of ₹15,000 (which is only a modest increase from his current ₹10,000 payment), you have the right to file a formal maintenance application before the Maintenance Tribunal.