Advocate Pinak Beri

Questions Answered by Advocate Pinak Beri

Q: FIR U.S 120B, 406, 420 IPC 1860

My brother decreed 8 kanal land out of 10 kanal in my favour. Due to oversight patwari sanction the mutation for full 10 kanal in my favour. I sold the entire land to Builder and recived amount for entire land. Brother file suit for declarstion against me for his share. Builder was also made party. Court pass the decee in favour of my brother. Builder file appeal in session court and also lodge criminal complain against me & my brother u/s 120b, 406 420. Now what is the remidial solution to this problem

Advocate Pinak Beri answered
one will have to go through all the elements and documents related to the case to tell you whether the sections charged can be made against you or not so kindly contact for more information regarding this.

Q: are legal heirs responsible to pay father's friendly loan

My father took a friendly loan of 5 lakh from someone. My father passed away. We were not aware about all those things. And now he is threatening us with my father's signed blank cheque for legal action against us. Please advise

Advocate Pinak Beri answered
It depends on a number of circumstances, like are you a legal heir, then what kind of things have you inherited, and also the nature of transaction your father had with such a person, if such transaction is even valid or not. kindly contact for a detailed discussion.

Q: my mother as is being harassed by my brother

I would like to know what can I do as a daughter for my mother as she is being harassed by my brother and his wife. My mother lives with my elder brother and his family. My mother has separated all brothers with their rightful part in the property. There is disgusting and very bad behavior to my mother. They don't give my mother any money for her monthly expenditure for her medicine. My mother is in too much pressure and frustration. My all brothers are treating her very bad, they don't give her breakfast and no food. She makes her own food. My sister in law is very nasty and bad with the root cause. I want to help my parents as I can't see them being tortured. My brother calls us and threatened us as well if we interfere. Pl help

Advocate Pinak Beri answered
call the police and tell them about the situation, or tell your mother to take some action as situations like these may, at times become vulnerable after a leriod of time. so consider filing a complaint against your brother if you would like to take that course of legal action.

Q: I got a chalan for drunken driving. The reading was 36.3mg.

I got a chalan for drunken driving on 16th november, 2019 in sector 29, gurgaon. The reading was 36.3mg/100. They have kept my license and have me a court chalan. I am worried as i think i'll get jailed and it will reflect in my police cleared certificate. I have applied for canada pr also. Please help me.

Advocate Pinak Beri answered
don't worry, first go to the police station and apply for the Bail there, they will provide you with the fine and that will be all, but if you want to remove the tag of the drunk driving from your personal history (visa related) the. you will have to take the option of coming to the court and fighting the matter against the challan.

Q: I notified payee about stop payment instructions

I had signed contract in which I had to serve 3 years, If leave before that had to provide 30%CTC. At that time before issuing a offer letter they asked a cheque around 4.2 Lakh on the pretext of training which they never provide any training. After 2 years I started having health issues due to work stress and night shift. I kept continue working. I put resignation and consulted neurologist he pointed out health issues are due to stress depression and night shift I communicate the same to Managers and they gave approval on my release, I smoothly completed handover KT and received acknowledgement for the same. Till 2.6 years my handover of assets and account closing was done on the same day. They demanded huge money in acceptance mail which is unreasonable, So sensing their intentions filed complaint and gave stop payment instructions to the bank and communicated same to the employer. In grudge declared me absconding and terminated on same day. They still had presented cheque, suggs plz

Advocate Pinak Beri answered
Your facts are very clear, so I cannot say what kind of relief are you hoping for or what can any advocate here, suggest you. Do respond if you would like to consult on the issues you are facing right now, because until and unless one sees your contract with the company and the conditions behind your present situation, I will not be able to comment. take care!