Advocate Sarthak Jain

Questions Answered by Advocate Sarthak Jain

Q: Property Issues................

Sister got married couple of years before. After marriage inlaws gave their house to her husband and asked to built new one in same place. hence his salary was not sufficient to take loan he made the property jointly with my sister she took loan and they built a new house . She paid the entire loan amount from her income and they released the documents from bank. Now the inlaws wanted their house back to their name and has started abusing her. What is the legal scope

Advocate Sarthak Jain answered
As regards the behaviour of in-laws, complaint can be filed in family court against in-laws for Harassment along with physical violence or mental hurt (if any).If the house stands in the name of your sister and/or jointly with husband, then the in-laws cannot oust your sister from the house.If husband of your sister is against your sister, then family court can attend to dispute with appropriate remedy.

Q: Cheque Bounce U/S 138 Of NI Act Jurisdiction

Kinldy tell me the jurisdiction as per the given below facts of the case. A cheque is bounced in kapur, the payor of the cheque lives in kanpur and he had issued the cheque in the name of payee. The payee maintaining the SBI bank account in kanpur as well as in new delhi. Though, payee disptached the cheque for clearnace to its SBI bank, kanpur where the cheque got bounced. So please tell me whether payee (complaintant) can file the complaint in Delhi since it also maintaining the bank account in Delhi.

Advocate Sarthak Jain answered
Jurisdiction lies in Kanpur only as cheque was submitted for clearance there. If it was bounced in Delhi branch, then Jurisdiction could have been in Delhi. As jurisdiction is decided based on bank of payee where cheque has been presented.