Advocate Siddharth Krishna Dwivedi

Questions Answered by Advocate Siddharth Krishna Dwivedi (25+ answers)

Q: Can I surrender my home loan by surrendering the property to the bank to stop payment of EMIs? Speci

Hi, I have an under-construction property with Amrapali, which is on the verge of insolvency. My question is, can I surrender my home loan by surrendering the property to the bank to stop the bank EMI? Is there any way to stop the bank EMI? Please help.

Advocate Siddharth Krishna Dwivedi answered
The property can not be surrendered. However you may write a letter of surrender to the bank (with whom you have entered into tripartite agreement and availed loan) and the builder (party to the tripartite agreement). After 15 days, whether a reply may come or not, you may file a complaint with the concerned Consumer court for relief.

Q: How to apply for SLP after 5 years

can i apply again SLP after 5 year.

Advocate Siddharth Krishna Dwivedi answered
Yes. A limitation of 90 days is there while filing a SLP, after that one can file SLP with an application for condonation of delay. The court will allow the delay if it is bonafide and would then hear the petition.

Q: Possibility of bail in case under 302 and 120B

My sister was charged with section 302 & 120b for the crime she didn't commit. Her friend was driving the car and she was sitting next to him, he overran an unknown person under intoxication after that he blackmailed her and got escape. She's charged with helping him in getting escape. Is it possible to get her bail.

Advocate Siddharth Krishna Dwivedi answered
Yes Sir if she is wrongly charged you can knock the doors of justice. And if she is charged with helping the assailant to escape, she can not be charged with murder, she would be at the most charged with being accomplice.

Q: False allegation against a minor boy for getting a minor girl pregnant

I am 16 years old. A girl in my class blackmailing me that I am the father of her baby But I never had sex with her. What should I do now?

Advocate Siddharth Krishna Dwivedi answered
Collect all the data as to how she is black mailing you and then file an application for anticipatory bail so as to prevent arrest. Her next step could be to file FIR before Police. If you would have an order granting you anticipatory bail ready, police would not arrest you. Along with this please file a FIR against her for blackmailing you.

Q: Objection in registration of property obtained by will

Sir, I belong to hindu family and I have one brother and 3 sisters.My father expired last year and mother is still alive.Father had 2 property registered in his name (not ancestor , bought by him) . Father and Mother made joint WILL stating only I will be beneficiary . WILL is registered .WILL was registered in 2014 and it was father only WILL. We stay in muzzafar nagar district(Uttar Pradesh) . I now want to register the property in my name . (1) Do I have to probate the WILL in probate court (or probate is required in Bombay , Madras , Bengal provience only . (2) I went to registrar office , employee thier said I cannot register property as there is stay on the property by my brother (??) ( WILL can be only challenged in probate,brother has filed civil suit for property share.Do filing civil suit make property a disputed one.Please help how can I get property register in my name.

Advocate Siddharth Krishna Dwivedi answered
Firstly yes get the Will probated to prove genuineness and then only you can claim full right over your father's self acquired property. Look deep into the conditions of the Will as to how the immovable and movable properties will flow down the line. After this you can contest the partition suit, well armed, filed by your brother and prove that the same is not maintainable considering the presence and effect of the Will of testator. Also, challenge that stay order obtained by your brother falsely.