Advocate Nishant Jain

Questions Answered by Advocate Nishant Jain

Q: need suggestion regarding kurki of my property

if my land is already mortgage with the bank ,and the value of that property is more than the amount which i have to pay to the bank , then also can they do kurki of my movable proprty of my house?

Advocate Nishant Jain answered
Yes, Bank may auction property mortgaged before it irrespective to the fact that the loan amount is lower than the market price of property. Apart from that, if the Bank could not succeed in repayment of its loan amount after auction of the mortgaged property, it can also seek attachment of other properties of the borrower, even of they are not mortgaged before the Bank from the court of law.

Q: How to enforce partitioning of joint family property

Sir my father(A) & his two brother (B,C)having joint name (ABC& his wife) property commercial & residential. Most of the property B,C are using ,some part of the property my father using. Now Problems is other two not ready for dividation or not agree with single map they require more & more....sir i & my father want our 1/3 part..how can i take ...at commercial property thay are doing bisnuss & C LIVING residential property

Advocate Nishant Jain answered
As per your query, it appears that it is an ancestral property and the co-sharers are not willing to partition the property equally. In such circumstances and for getting equal share in the property, your father will be required to file a suit for partition in a civil court against the co-sharer claiming equal share in the property.

Q: Person arrested under section 420 procedure for Bail

When the person is already arrested under section 420. How to get bail in this situation? Please suggest.

Advocate Nishant Jain answered
One has to file a regular bail application before Session Court to get the bail for a person arrested and in the event of rejection of application from session court, it is advisable to move bail application in High Court.

Q: how to get the certified copy of my application for fir.

Dear experts, How i get the certified copy of my application for fir from police station and what i will do if they miss the records .

Advocate Nishant Jain answered
If you are a complainant in a complaint, you are entitled for a free copy of FIR. Further, if you want other documents related to investigation and if investigation is completed, you can seek the same under RTI. This way you will get certified copy of the FIR.

Q: How to get stay at transfer order

I'm a sub inspector at Sagar ,due to some unknown issue I have got my transfer to another city till next order .I want to put stay on it.

Advocate Nishant Jain answered
Hi, to get stay in the operation of stay order you will be required to file writ petition in High Court by showing the malafides of the authorities which issued transfer order. A stay can also be sought if there is frequent transfers done within a short span of time.