Advocate Rama Chary Rachakonda

Questions Answered by Advocate Rama Chary Rachakonda

Q: What to do if i dont want to buy property after paying token amount

I thought of selling agricultural land and received token amount of Rs.2,00,000/- I never demanded Rs.2,00,000/- as token amount. The buyer bought the stamp paper of Rs.100/-. On that stamp paper I clearly wrote that it is a token amount towards the sale of the property. Now, I want to cancel the deal. What the law says in this matter.

Advocate Rama Chary Rachakonda answered
Agreements on normal papers (and not stamp paper) are valid in evidence and are enforceable as against the parties who have signed the same. They can can be used as evidence and proof in a court.If at all an objection is taken in respect of it being non stamped then in such a case deficiency of the stamp papers that were required to affixed can be made good by paying a penalty of ten times the amount of deficiency as per the directions of the court and on payment of the same but, the said document shall be deemed to be fully stamped. ( amount of penalty may vary fro state to state)It is brought to your notice hat the deficiency of stamp papers on all documents can be made up by paying the penalty to the extent of its under stamping except for Demand promissory notes on which the deficiency can not be made good.My above views and advise should not be considered as a legal advise and the same does not create a client attorney relationship between us. The views in the above answer have been given with the sole intention of helping you in solving the matter in issue.

Q: What to do if someone produced forged will in the Court

 My wife passed away 2 years ago. My children staying with me age 4 years and 10 years. My wife has agriculture land in my hometown. After her death, my uncle not giving lease money where he used to give. Moreover, he produced one forged Will to the court saying that her daughter wrote a Will. But when I took true copy from court, it is clearly knowing it was forged Will. With the same signature, again 1 promissory not produced in another area, both are running in courts. Also they asked child custody of my children as there are Guardian according to the Will. We counter-filed, but not getting justice where it is almost 20 months ago. When can I expect from court that these are saying false. Is there any advise to proceed further in better away...I pleased for your valuable advise.

Advocate Rama Chary Rachakonda answered
Forgery is a form of fraud so the burden of proof is harder to discharge than that which is normally required when challenging the validity of a will. Consequently, it is extremely important that an assessment is made as to the strength of the evidence before contesting a will on this basis. a handwriting expert can do who observed “a lack of natural fluidity”. It is often necessary to instruct a handwriting expect in these types of claims to determine whether the testator’s signature is genuine. The expert will look at the will alongside a number of the deceased’s signatures in order to reach a conclusion for the court (who will then consider the expert’s report alongside witness evidence).Things to look for if you are concerned that a will might be forged or fraudulent are:the deceased has left someone out in the will that you would expect to be included, such as a spouse or child, without an obvious reason for doing so;there is a large bequest to whoever drafted the will;the will has been executed by a person whose death is imminent;the will benefits one person to the exclusion of others;the will primarily benefits non-relatives;multiple wills have been executed leading up to the death of the testator.There are no time limits for contesting fraudulent wills but you should not delay in bringing a claim.

Q: Property related issues

My mother and father had 2 property and they have 5children(3sons and 2 daughter) 2elder sons allong with my parents got demised,but the last 2 sons transfer one property among them without knowing anybody and they later acept to to give some money to me and ny sister in front of panchayat elder and assented it on a paper and now they refused to the agreed them. Can i file a fir aganist them?if i filed can it has any effect?

Advocate Rama Chary Rachakonda answered
you have to approach a lawyer not police station to file f.i.r. since this is civil case. Police is not having powers to file civil cases. As per your querry, my suggestion is to arrange family agreement on mutual consent with wittnesses.

Q: Cheque Bounce of 40 Lakhs

I am a working women these cheques were issued to me by my husbands friend who himself is an advocate by profession in a smaller city of AP and also very active in realestate. This was taken as a handloan with secured postdated cheques issued. However 2 cheques dated same day 27th August bounced on being presented in the bank. What is the next course of legal action I should be taking, can i present the cheque 2nd time or issue a legal notice. If a legal notice what should be the content. Or should I follow the banks procedure of presenting the cheque 3 times and then send the legal notice. Further the gentleman also gave me a 3rd cheque, post dated for Sep 23rd,2018. Should I present that cheque also as the above 2 cheques have bounced I am sure the 3rd one will also bounce. What are my legal options

Advocate Rama Chary Rachakonda answered
The first step that must be taken in a cheque bounce case is to send a demand letter or legal notice to the person who has issued the cheque also called as 'drawer'. You must take help from a lawyer to draft the legal notice. The legal notice must be sent within 30 days from the date on which the receipt of cheque bounce is given by the bank. However, if the drawer does not pay the amount within the stipulated period of 15 days from the date on which the legal notice is sent to him, then the aggrieved person can file a cheque bounce case against the drawer in such a situation. Documents Required:The following documents are required before filing a cheque bounce case : 1) Original cheque and return memo2) Copy of notice and original postal receipts.3) Evidence affidavit. Where can a cheque bounce case be filed?There has been quite some debate regarding the area of jurisdiction of a cheque bounce case. But recent Supreme Court rulings have clarified the issue. The cheque bounce case should be filed in the area where the cheque was submitted by you, to be honoured.

Q: Am I liable to pay my husband's debt

My husband has expired on August 22nd 2018. He has no assets. I have come to know through phone calls on his cell and email setup on his tab that he has a outstanding balance on a personal loan and 2 credit cards. I have not signed as a guarantor as I was not even aware of it. I am willing to submit the death certificate however, would not like to be harassed by the bank to pay.Please suggest.

Advocate Rama Chary Rachakonda answered
Yes. You have responsibility to clear his dues. As a wife you have every right to get his fixed assets, variable assets like cash balances, fixed deposits, shares, insurance claims etc. Similarly you have obligation to clear his dues to the various banks, and others. File his death certificate at various concern and get all the benefits as a nominee.