Advocate Lawrence D Cunha

Questions Answered by Advocate Lawrence D Cunha

Q: Carrying forward the partition if one the family member is not ready

So my grandfather 4 kids,my father his brother and two daughters.My grandpa passed away few years ago and he had changed certain properties to my fathers and uncles name. The remaining properties are not legally in anyone's name,although he has written in his diary that it should be divided between the four kids equally.Is the valid or not? Also one of my aunt's refuses to attend the partitioning saying that it should be done when she feels like it,other three owners are in need of money and needs partition what should we do?I belong to OBC Hindu religion.

Advocate Lawrence D Cunha answered
You can get the property partitioned through a civil court. Before that you have to send a notice to all the persons who have lawful right in the property. In case you need any assistance you may contact me

Q: Notice received to guarantor for not paying loan amount by person

I’m personal loan guarantor to someone who has defaulted several emis. The person was my colleague but is now not working with me. I have his phone number but is not answering my calls. I’ve received a notice from an advocate asking to pay dues or bank will file lawsuit. The notice is on his office address but since he isn’t working here with me, obviously he won’t get the notice. What do I do now.

Advocate Lawrence D Cunha answered
The borrower and you are equally liable to repay the loan amount in full. You have to find out the present whereabouts of the borrower and his address. Also you have press him to repay the loan installments. Otherwise bank will file a recovery suit before the court against the borrower and you.

Q: Bank files cheque bounce case against NRI as not paid EMI dues

I am an NRI, due to some financial crisis i could not pay my personal EMI. Now the bank had filed a cheque bounce case against me. My father received a call from the bank lawyer today to appear in court on this coming sunday which is not possible for me. How can i solve this issue

Advocate Lawrence D Cunha answered
Sunday is not a working day for the court. So it seems that it is false information. You may directly call the concerned bank and ascertain the fact. It may be a call for adalath which means that the matter can be resolved through mediation between the bank and you. So the better option is to contact the bank. They may allow some relief by way of extension of period for repayment of the loan.

Q: Visitation rights of husband when charged for case u/s 498A of IPC

My friend's wife and family filed 498A against him recently.(not divorced).But his wife is pregnant for 6 months. Will he get the permission from court to see his newborn baby and frequent visitation at any cost ?? What are the legal remedies to get the permission to see his baby??

Advocate Lawrence D Cunha answered
Every thing will depend upon the outcome of the proceedings in the case under sec 498A. If the court finds that your presence in the house where his wife and baby are staying; is dangerous to peaceful life of the baby and the mother, then the court may refuse to allow you to see the child. The outcome will depend on the evidences on record.

Q: How to sell land if owner cannot move or speak

The land (ancestral) is in my father's name. But he cannot move his hands nor talk (he is not responding at all) because of a stroke that struck couple of months back. So he cannot sign or nod his consent. But my mother need to sell the property for treatment purpose. So how to proceed further. The land is in Trivandrum, Kerala. Appreciate any help towards this. Thanks and Regards, 

Advocate Lawrence D Cunha answered
You can file a petition before the appropriate court through your mother to appoint your mother as lawful manager and guardian of your father who is ill for the management and sale of his properties. You father will be asked to undergo medical examination by a panel of doctors to confirm his sickness. Thereafter court will give an order to your mother being appointed as the manager and guardian of your sick father. Thereafter she can sell the property on behalf of your father. In case you any further assistance, you may contact me.