Advocate Mayank Mishra

Questions Answered by Advocate Mayank Mishra

Q: Want to apply for bail session court dismissed bail under POSCO act

in pocso act 6 bail is possible if session court dismiss the bail and accused in jail more than 3 month

Advocate Mayank Mishra answered
You will have to specify what all sections the person has been charged with and what is the exact thing that has happened.You will also have to specify if there is any scope of a joint settlement but that will only happen if the charges are not grave in nature.Please specify for further clarification.

Q: Can a sibling acquire whole property of mother

1. Mr. A, Mr. B, Mr. C and Mrs. D are siblings who have inherited their parental property after the death of their mother intestate. 2. Mrs. D is divorced and is living in the said property since more than 10 years (starting before the death of their mother). Also, since the past few years, her daughter, also a divorcee is living in the same house with her own son. 3. In consideration of the fact that Mrs. D has no other accommodation, the brothers executed a family settlement wherein she would get 30.01% while each of the three brothers would get 23.33% each. 4. Also, before her death, their mother had gifted each of the brothers Rs. 7 lakh. 5. Now, when the brothers decide to sell the property (around 3.5 cr), Mrs. D is claiming that as she was living with their mother before her death, she was taking care of her and thus she should get the entire property as it was their mother's dying wish (which is not in writing anywhere, only claimed by Mrs. D) Can Mrs. D win this case?

Advocate Mayank Mishra answered
No she will not win the case just like that, if you three brothers i.e., A,B,C are wanting the same thing that us the sale of the property then one can file a suit for partition which will be a civil case, and make other two brother and also Mrs D as defendent in the same case and continue with it, it can be either asked for a division equally or on the basis of the family settlement.

Q: How to make a loan agreement between parties

hi, i have taken a loan from my relatives (Rs. 22 Lakh once and after that Rs. 10 lakh) to buy a property. can you please tell me the stamp paper on which i can make an agreement regards

Advocate Mayank Mishra answered
You will be needing a Stamp Paper worth Rs 100, for getting a Loan Agreement Registered.You can get in touch with any Advocate and get the needful done.You will be the first party and the other relative will be the second party in the Agreement.

Q: Sister joined Pearl academy which failed her without any communication

My sister joined Pearl Academy, Delhi last July and in first sem they have failed her without proper communication. They are asking her to repeat the whole year, We paid around 3 lacs for first sem. Are there any legal options available.

Advocate Mayank Mishra answered
You must ask them for a proper written justification as yo what ground they have failed her. Further if no clarification is given and it's only said to repeat the whole year, then you can approach the HIgh Court with a Written Petition challenging their decision.

Q: Bought a land on wife's name can elder brother ask share in it

I am government employee younger in my family I bought a land on my wife name in the year 1995 . I am about to file a partition suit for my ancestral property . My query is , will my elder brother can claim any share of my land bought by me through my own income in my wife name ?

Advocate Mayank Mishra answered
No your elder brother can not ask got any such land that has been bought by you and on your own income even on your own name and wife's name.It entirely belongs to you. You can proceed for partition.