Advocate Mohan Goud

Questions Answered by Advocate Mohan Goud

Q: Gave money to person who gave cheque in return wants to recover money

I gave 2lakh rupees to one person he gave cheque to the proof now he will return my money so i drop the cheque yesterday how i can proceed he cheats me so i want file case

Advocate Mohan Goud answered
File a cheque bounce case... Before that you have to get a returned memo from bank and within 15 days you have to give notice through counsel then within 30 days you have to file case otherwise you have to file recovery suit within 3 years by paying court fee.. so it is better to take criminal action by filing cheque bounce case for immediate relief of recovery of paid amount..

Q: Cheque bounced due to insufficient funds is promissory note necessary

my creditor has given a cheque for Rs.100000/- for hand loan repayment. The cheque has been bounced sice insufficient funds in his account. Can i go for file a suit against him? On more doubt is it necessary of promissory note?. Kindly suggest on this issue.

Advocate Mohan Goud answered
If it is bounced not crossed 30 days you can issue a legal notice through advocate and file criminal case within 45 days or else you have to file civil suit for recovery of amount by paying court fee.. in this case no need to show your source of income . Simply mention it as hand loan. As amount is below exempted income...

Q: What is right of step children on father's property

I am an Hindu. My father is no more.his first wife expired,than he married my mother,but they have taken a signed document stating that his second wife's children or his wife will have no authority on property.they promised to give and now they are declining.this happened in 1975.do we have authority.

Advocate Mohan Goud answered
Yes you can file suit for partition whether legitimate or illegitimate child 1st wife or 2nd wife all are having equal rights over father's property.. it is applicable if there is no will written by father..