Advocate Mohammed Ghouse

Questions Answered by Advocate Mohammed Ghouse

Q: How to remove mortgage from title documents ?

My dad has kept property under registered mortgage in 2002. he has paid some amount without document proof. the mortgagee is unable to produce the registered document since 2007. now can u please explain the procedure to remove his name from EC, how to cancel registered mortgage deed ? Im ready to pay the amount till 2007. also please tell me the validity of this deed as i heard that it is valid only form 12 years from each repayment. Is it true?

Advocate Mohammed Ghouse answered
Mortgage of any property period is 12 years.At present you haveread to pay your said mortgage amount,if your mortgagee claim upto date interes. You have to take elders and try to comprise him or otherwise you have contact nearset advocate for proper solution.

Q: Legal procedure for quashing of fir under section 376 & 420 of IPC

One of my friend was in prison for almost 90 days, under sec 376 and 420 which was filled by his girlfriend. After filling charge sheet by the police officer he is out on bail. Now both the parties want to quash the case asap in high court bz girl is moving to abroad. But advocate is suggesting to go to the session court first and telling us that it's not possible to quash it. Kindly guide us the procedure ahead to take any decision.is it possible to quashing of fir under section 376 on the basis of compromise ?

Advocate Mohammed Ghouse answered
This suggestion only. u/s 376 is non -compoundable the offence one. What your Advocate suggestrd it well, try to speed up the main case for disposed immediately as concernt of defacto -complaint is with you.

Q: What does 'Refer to Drawer' mean in cheque return scenarios?

I gave Rs. 120,000 to a partnership firm, and the proof of transaction is only a receipt on the company letterhead signed by its Managing Partner. Later, when I requested payment, I received a cheque for Rs. 100,000, which was dishonored by the bank with the code 'REFER TO DRAWER'. Does this situation fall under the Negotiable Instruments Act (NI Act)? Are there any previous judgments related to 'Refer to Drawer' in cheque returns?

Advocate Mohammed Ghouse answered
This is just a suggestion. Please contact your nearest advocate. Under the NI Act, time is crucial after the cheque has bounced. Your cheque has come under the NI Act, and you need to prove the cheque's validity beyond all reasonable doubts.

Q: What is the time bond to counter in civil case

How long does it take to counter in civil case? What day from is it counted? What if the time is over?

Advocate Mohammed Ghouse answered
This suggestion only. Under civil procedure code the filling of conter and it is depends upon IA petition when it is utgency, your advocate raise objection and submitting before the hour'ble court that it is urgentcy matter. The hour'ble court consider and to take proper steps.

Q: What to do if my husband harasses me mentally

I got married in the year 2012.i am a working lady.my husband earns good and he is a reserved mindset person.we have a kid of 4 years old.He harass me in all the manners he can.he abuses a lot.Not even a single day of my marital life i am not happy with him with his behaviour. For example if there is any office problem he yell on me.if my mother in law is not feeling fell, who is staying away from us in her home town then also he shouts on me. if my son does some naughty thing, then also he abuses me.really it is like a hell staying with him.for my kid sake i am staying with him bcoz kid should not miss his father.he takes all my salary from me.what i feel bad is as a wife he does not regard me, but treats me as a slave.he not even share his salary how much he is earning?what is his account balance?how many accounts he have?even in lic policy he did not keep my name as guardian from past 3 years.his family members are dangerous.they always wants his money.what to do?

Advocate Mohammed Ghouse answered
This suggestion only. Your problem is family matter.It has tobe discussed face to face , so it is better to contact you place nearest and covenant advocate for proper solutions and he will guide you under law.