Advocate Manas Prakash

Questions Answered by Advocate Manas Prakash

Q: Legal remedies in a false dowry case

my uncle's wife who is suffering from many types of body problem and her behave is also not good...therefore my unckle wants to divorce...bt her father file the case "dahej pratha" on my uncle and my parents ...that is wrong because we didn't take any type of dahej...today police came to my home for arresting.plz advice me sir what should i do

Advocate Manas Prakash answered
Immediately file an Anticipatory Bail in district court.Police can not arrest now in such cases without giving you prior notice under Section 41 of Criminal Procedure.You can also approach High Court for quashing of the FIR.

Q: Seller sold jointly owned land for which mutation is not yet done

Respected sir, I have buyed a 10 dhur plot few days back but I came to know that the plot holder is actually a mental and also bifurcation of the total plot of 30 dhur in between them(plot holder and his younger brother ) has not yet done.But while registry of the plot he accepted that he sold the plot and also accepted that he also have received the sum amount in total .Sir the plot holder have one son , a girl (married) and wife so , both of them his son and his wife witnessed while registry .I only want to know that in future will it affects me or not if it creates any problem for me then kindly show me the right way .

Advocate Manas Prakash answered
If there is no partition between your seller and his younger brother then you can file portion suit for getting your portion of share of 10 dhur from the total land.Particular plot of joint property can only be sold after partition.

Q: Bail got from High Court for dowry case be cancelled by district judge

I got bail from High court Patna in Dowry case, then can district judge cancel the bail if I do not go on any date Religion - Hindu

Advocate Manas Prakash answered
It depends on the conditions if any has been imposed rregarding appearance before lower court at the time of granting bail by the High Court.If any such directions has been at the time of granting bail High Court and you do not oblige that,it can be cancelled.

Q: Can i sell property lower then circle rate

Agreement for sale of flat has been made for Rs 27 lakhs. However Circle valuation of property is Rs 37 lakhs. Now the buyer wants to register the flat for Rs 37 lakhs though he will pay Rs 27 lakhs because stamp duty has to be paid as per Circle value. What are the legal and tax complications if I agree.Can the IT dept treat the balance 10 lakhs as black money? Pl advise. Thank you

Advocate Manas Prakash answered
Yes,you can sell the property lower than the circle rate.Circle Rate is just for calculation of minimum stamp duty that has to be paid.Actual selling rate may be less or more from the circle rate.If you write selling price in agreement Rs.37 lakh,your tax liability if any will be on Rs 37 lakh ,So better write the actul selling price if it is less then circle rate in sale deed.

Q: Daughter giving death threat to mother

I am a 75 year old widow. I have 2 sons and a daughter. My sons work in other cities. I inherited some property of my husband. My daughter who has been divorced twice lives with me. She has an adulterous relation with a married man. She and that man has caused great deal of tension and embarrassment for me. I am always afraid. I fear that I will be killed by them. She even threatened my sons that if they interfere or come back she will charge them with attempt to rape. Now they r trying to sell my husband's property unilaterally even when a partition suit is in the court. What should I do?

Advocate Manas Prakash answered
Your question is quite ambiguous.Why are you living with your daughter when you fear life threat from her.Live with your son.Anyway complain to your area police station about your threat.Secondly,You have already said that partition suit is pending in court,you can file Injunction petition in that partition suit to prohibit your daughter to sell the suit property in question.