Advocate Sunil Kumar

Questions Answered by Advocate Sunil Kumar

Q: What is the purpose of summon in case of FIR made for theft

In year 2014, there was a theft in my house. we lodged a F.I.R in police station. we did not get back our belongings at that time. now today we got summons to witness from court.please let me know what is the meaning of this summon and why is this sent to us now...what to do?

Advocate Sunil Kumar answered
Oh it means the investigating agencies ie police has submitted its final report before the designated competent court in its jurisdiction. Generally if the investigating agencies do not find ample evidence against a perpetrator of crime they submit final form before the court to close the evidence After receiving such report the competent designated court issues notice to informant to appear before it and if the informant represents it with reason why he is dissatisfied with investigation the court after hearing may direct further investigation or it may accept the report bring an end to case.

Q: Clarification regarding the court fees for property matter

how much court fee do i have to pay for my civil case on land value of 5000000 and 1600000 ?

Advocate Sunil Kumar answered
According to Schedule 1 of Court Fees Act you have to pay Court fee worth Rs. 2679.25ps. for 1st. Rs.50000/- and thereafter for every Rs.5000/- or part thereof you have to pay Rs 150/-.On such calculations you have to pay Rs 5579.25ps in all. But calculations differs according to prayer. For certain type of suit there is fixed court fees prescribed by law for example for a suit for partition or for simple declaration and so also if your suit of such nature where its value can't be ascertained etc. So while asking for quantum of court fees payable you must disclose what type of suit do you intend to initiate.

Q: Obstruction of municipality drain by a neighbour

Sir, My neighbour obstruct the Municipality drain, so my domestic sewerage could not be disposed into the drain and accumulated in my house. Therefore pl. advise what should I do?

Advocate Sunil Kumar answered
You initiate a proceeding U/s 133 of Cr.p.c. in the court of Executive Magistrate of your jurisdiction who has authority to direct for removal of obstruction in public property. Similarly, since it is a nuisance causing hazard to public health you can initiate a criminal proceeding by lodging FIR before the police.

Q: Can a married daughter claim money from father exgratia payment

we have received exgrtia amount in 2017.The land sold on 1996.can married daughter claim share of EXGRATIA payment?

Advocate Sunil Kumar answered
No, She can't claim maintenance. However a married daughter being included as a coparcener u/s 6 of Hindu Sccession Act as amended in the year 2005 a daughter either married or unmarried has now a right to claim partition like that of a son.

Q: Cancellation Of Documents once registered be done

Can a Registered document, wherein full stamp duty had been paid and interest has been created, cancelled unilaterally.

Advocate Sunil Kumar answered
No Every document of sale is a contract.It is a principle of law that proposal to acceptance is what a lighted match to a truck of gun powder. So once there is acceptance of proposal than it becomes a contract it the object is lawful.A proposal can be revoked as per S. 5 of Contract Act The Transfer of Property Act does not prescribe cancellation of a sale deed. However as mentioned supra a proposal can be withdrawn prior to execution and not afterwards.