Advocate Lucky Mukherjee

Questions Answered by Advocate Lucky Mukherjee (50+ answers)

Q: Need lawyer for quashing petition

Filed quashing petition against 498A in Calcutta HC, now need a lawyer who can help efficiently and resolve the case quickly.

Advocate Lucky Mukherjee answered
Section 528 u/s bnss has the inheritant power of High court for quashing the FIR.when FIR logged against you Police filed charge sheet or not If the charge sheet has been filed then charge sheet copy required More more information you have to visit in my chamber

Q: Which court to apply for early hearing

Petitioner is taking Adjournments and not providing any evidence.case was filled on 2024 . If i apply for early hearing which court should I approach is it high court or same family court in which case is pending. What is possibility that court will grant early hearing to such case and how long it will take to decide for early hearing application?

Advocate Lucky Mukherjee answered
you can approach the High court under article 227 of the constitution or under 483 of crpc in magistrate trial criminal case before the High court calcutta for expeditious hearing of the case pending before the lower court

Q: U/S 25 Payment And Settlement Act

24 august ko cort me upasthit hona hai.koi vakil jo kum paise me hajri mafhi aur 3 month ka extention dila sake aise vakil ki jarurat hai . Ya fir pura sattalment kara sake

Advocate Lucky Mukherjee answered
Kon se court pe case chal Raha hai apka matter.apka case no bathayenge to kuch kar payungi.kon se company kiya case woh bataye. 3month ka extension kar dungi par case k upar depend karta hai . Apka location kaha hai. Settlement kar ne ke liye company k sath bath karna pare ga

Q: Sale of Property During Probate Dispute

After Mr. X’s death, one of his three sons claims that a registered Will left all his properties to him and files for probate. The other two sons file caveats and contest the Will. The probate case remains pending, and no probate has been granted. Can either the petitioner or the caveators legally sell or transfer the properties covered by the disputed Will? If yes, what laws and judicial precedents permit such transfers? If no, what legal provisions restrict them?

Advocate Lucky Mukherjee answered
Neither the petitioner nor the caveators should treat the properties covered by the disputed Will as freely transferable while the probate proceeding is pending. A registered Will by itself does not amount to a conclusive judicial determination of the legatee’s title. Under Sections 213 and 227 of the Indian Succession Act, 1925, the rights claimed under a Will become legally established through probate/appropriate grant where probate is required. Further, Section 295 provides that a contentious probate proceeding is dealt with as a regular suit.

Q: Wife has filed DV and claim for streedhan. We never had her jewellery.

Wife has filed DV and claim for streedhan. We never had her jewellery. She only has it. Can the court order me to return streedhan even when I have nothing? Just because she has bills and photographs of jewellery?

Advocate Lucky Mukherjee answered
Now a days this is a trend going on that wife file case against husband for claiming streedhan. if you don't have ornaments court will not give order to return her ornaments This is a matter of evidence