Advocate Nagendra Prasad

Questions Answered by Advocate Nagendra Prasad

Q: Asking about rights and suggestions

Bcoz of my health issues I am to continue my work in my office. I want to quit from job. I have shown my medical report to office. But didn't accept my resignation. At the time of joining they taken my 10 th marks card original, and 2 blank cheque and 2 yrs agreement is there. I have completed 5 months.Plz suggest me is any problems come in future related to cheque? What can I do

Advocate Nagendra Prasad answered
Hi,To protect your self from any liability from those two cheques, (anticipate) You have to take few steps, by issuing stop payment, request to return back those two cheques issued, then based on their employer reply only, decision can be taken, suppose if they don't reply then alternative has to be decided, for taking necessary steps.

Q: cheque bounce case against a pvt ltd company.

husband and wife directors. husband is managing director, looking after the day to day running of the business and signatory to the cheque. will wife be made liable for criminal proceedings?

Advocate Nagendra Prasad answered
Hi,Yes under section 141 of N I Act & as per Hon'ble Supreme Court all of them including Directors & Company has to be made party to the criminal proceedings, bezc all are liable to be punished under section 138 of N I Act. The most important is legal notice to be sent to all of directors & company.

Q: Can an ancestor property be gifted? Any exceptions?

My father has gifted multiple properties to my mother which are ancestral. Can he do that? Any exceptions?My father received these properties from my grand father through partition deed.

Advocate Nagendra Prasad answered
HiIn this case it his not ancestral, bezc ancestral property has been broken by/through Partition Deed between father & children. when once it ceased it can not be ancestral property, then it's becomes acquired property by way of Partition Deed. So he can gift it whom so ever he wants.

Q: my wife is harassing me by not doing sale deed of the flat

hi,i am married . I am Hindu by religion and i purchased a flat by paying advance money of 25 % in my wife name. and for balance amount, i took a home loan in my wife name. For two years i paid Emi's , but now when i couldnt pay monthly EMI, i thought of selling the flat. For some amount , a purchaser agreed to buy and for the same my wife signed sale agreement. the buyer paid 75% amount as advance, which in turn we closed the loan standing out in my wife name. And balance amount was to be paid at the time of execution of sale deed. NOw as on date , my wife is not staying with me and has started harrasing me , that the balance amount she will take and will not pay a single penny to me. Even after i paying all advance/emi's , she want all the balance money for her. So plz let me know what can do in such situation.

Advocate Nagendra Prasad answered
hiu hv to file case/suit for injuction, to stop the execution of sale deed & it's registration. further, you have to prove that you paid money/invested to purchase of property/flat, with all records, loan papers etc

Q: Sir/Madam, My grandfather had 3 son's and 2 daughter's. He had an ancestral property of 6 Acres agri

Sir/Madam, My grandfather had 3 son's and 2 daughter's. He had an ancestral property of 6 Acres agricultural land. He had transferred ownership to his 3 son's equally through form-12 signed by village revenue officer in the year 1998. Daugher didn't get any share as they were not aware of their rights which brought in the year 2005. Grandfather died in 2009. Now pl calrify, 1) Does married daughetes has right in this ancestral property ?? 2) One of her brother sold his share of property to third party, Can she file a case to get her share in sold out property ?? Request you to pls provide your valuable reply..

Advocate Nagendra Prasad answered
HiYes the daughter's have equal share in Ancestral property. In your case you both have to issue the notice for partition & file the suit for partition against father, brothers demanding the share in Ancestral property and also you have to make the purchaser as also party to the suit.