Advocate Sridhar A

Questions Answered by Advocate Sridhar A

Q: What is the procedure to divide the property after fathers death

My father died in the year 2009 without leaving a will.He has 55 cents of agricultural land including house.we are three children all got married. Please suggest me what is the procedure for partition

Advocate Sridhar A answered
Effect a registered partition deed or you can also effect partition by way of compromise before court if the partition is effected by of registered documents after getting proper sketch then the document will be valid

Q: Probation of offenders under 120B and 420 am i entitled to probation

Sir from lower court i have been convicted for 1 year under 420 and 120B and telegraphic act.. in CBi court again the judgement came as AS IT IS. So i am approaching for probation act. However in the lower court they have written the judgement stating code of conduct not gud so can i get under probation or not thanks.

Advocate Sridhar A answered
Your advocate has to argue during the course of hearing sentence and convince the court and if the court takes a lenient view and that too the punishment is for a year the court can pass an order on po act. Provisions of Probation of Offenders Act,1958 normally cannot be applied to the following offences:ACB cases (AIR 1983 SCC 359).Section 304 part-II of IPC [8],NDPS Cases ( (2002) 9 SCC 620),Section 304-A (AIR2000 SC 1677),Section 325 IPC[9],Sections 409, 467, 471 IPC (AIR 2001 SC 2058;),Kidnap and, abduction (AIR 1979 SC 1948),Habitual offenders, (Kamroonissa v. State of Maharashtra, AIR 1974 SC 2117), etc.

Q: Compromised cheques given by builder bounced case in court

Builder gave compromised cheques in consumer court- all of them bounced-hearing for these bounced cheques is also coming next month-1) what can be expected if builder says he can't pay money nor has any property to pay. 2)if builder is send to jail- does that mean he need not pay back the money.

Advocate Sridhar A answered
If your question is about handing before the consumer court for compromising a case then you can file a complaint under section 138 of Ni act and as also a criminal case and further to your query about recovery definitely you can recover the amount he cannot escape from his liability even if he is send to jail

Q: What steps can be taken when husband married again without divorce.

Me and my husband are separated since 1.3 yr, and there is news that he has married someone else without divorce. I don't want to divorce, how can I proceed

Advocate Sridhar A answered
File a restitution of congigual rights petition under section 9 Of Hindu marriage act If you want a criminal case then you can File a private complaint under section 200 of CrPC for offences alleged under section 494

Q: Benefits After The Death Of Govt Employee.

Dear Sir My father died at the age 55, because of his working condition . He was an Karnataka State Govt. employee. Can I get Govt. Job according to my qualification. Please suggest my in this regard. If Possible please give me the link where I can get these details. Thank You.

Advocate Sridhar A answered
If your father had died during the course if employment then definitely entitled for job under compassionate ground the job which you will get will be decided as per the status of your qualification and your father job as you had not disclosed your father job it is difficult to.say about your job