Advocate Muralidhara P

Questions Answered by Advocate Muralidhara P

Q: Delay in returning money borrowed 4 years ago

I would like to know the procedure of recovering money from relative which he borrowed long ago. (May be 4 years ago). Recently he gave a cheque in the month of March 2016 and asked to deposit after weeks time. Till today he keeps on prolonging to have cash in his account, ans asking me not to deposit and keep waiting.Hence I have decided to take this legally and recover the money. When ever I contact he will pick some times and will not pick sometimes. But when ever he picks my call, gives reason saying not today, may be tomo. etc. Just today I have dropped the cheque in HDFC ATM dropbox.

Advocate Muralidhara P answered
you have two options to recovery the said amount. one is after dishounring the cheque with in a 30 days you have issue legal notice to the opposite party, after the service of notice you have to file criminal complaint before the jurisdictional magistrate. and another one is that after issuing notice you can file money suit for recover of said amount but here you have to pay court fee. if you want more details you can contact me through personally.

Q: Step mother want to sell fathers property how can we stop

Dear Sir/Madam, My mother expired due to sickness hence my father got married again. We are 2 daughters and my step mother has a son. My father is having health issues, now my step mother is asking for share in property. Father has a newly built house which is worth more than 25 lakhs and has almost 4 acres of farming land. Could you please guide on equal share and daughters rights on Father's property. We both daughters are married, she mentally torture us whenever we go home and ill-treat us. Which case can be filed against her? How can we stop her from selling the house. Need justice.

Advocate Muralidhara P answered
see first you have to ascertain whether that properties is your father self acquired property or its ancestral property it is a ancestral property then you have right in the property, then you can file partition suit before court and to get injunction order to not to sell the property. if you contact me with documents i can guide you.

Q: Husband having affairs what action can I take

If husband bringing prostitutes at home in wife absence and also maintaining physical relation with other women.wife has all proof phone record,social site chat etc.does punishment exist for such husband who damage girl life.please suggest.thanks

Advocate Muralidhara P answered
if the wife got all evidence to show that her husband is having illicit relationship with other woman, she approach court of law for necessary action against the husband and court will punish him in accordance in law.

Q: Can High court be against the stay order passed by lower court

Lower Court has given a stay on a properly, can we approach high court with a petition to vacate the stay even when the matter is in lower court?

Advocate Muralidhara P answered
first disclose what type of stay is granted, for what relief you filed case, what is the interim order, during the pend ency of the suit in lower court you can approach the Hon'ble High Court for vacating the stay order, but you have to disclose that in view of the stay order you have put into hardship.

Q: Father bought property will the same be included in the joint property

There is joint family property which has not been divided yet. Now my father has bought some property on his own, will it also be included in joint family property?

Advocate Muralidhara P answered
It has looked into the source of income to purchase said property. and When it is purchased, if any body claims that source of income to purchase said property from joint family income then it comes under joint family property.