Advocate Venigalla Srinnivasa Rao

Questions Answered by Advocate Venigalla Srinnivasa Rao (25+ answers)

Q: Private case filed but no action from police

I have filed a private complaint with the Magistrate, and the Magistrate has taken cognizance of the offense, framed charges against my wife and in laws and directed that the matter be sent to the police station for further investigation last week but still don’t get any response from the police station. The sections are 303(2), 114, 115(1), 115(2), 109, 351(1), 61(2), RW3(5) of BNS and 66 of IT act, 1. When and how I will get the status 2. What steps wil take and station bail or court bail

Advocate Venigalla Srinnivasa Rao answered
Next Step:Visit the police station where the case was transferred.Submit a written application requesting status of investigation under Right to Information (RTI) or CrPC.2. When and How You’ll Get Case Status:File an RTI application with the concerned police station to know the action taken.Or, file a petition under Section 482 CrPC in High Court if the police fail to act, seeking direction to register FIR or complete investigation promptly.

Q: asking for property share after 13 years

My grandfather register 15 acres of land 13 years ago. That land was from great grandfather. I have been cultivating that land all the time. Now recently my father sister filed a suit for share. My grandfather is no more. In this case 12 years limitation act 1963 will apply?

Advocate Venigalla Srinnivasa Rao answered
1. Legal Rights of Aunt (Daughter of Grandfather):If the land is ancestral, your aunt can claim a share, especially after the 2005 amendment to the Hindu Succession Act, which gives equal rights to daughters in ancestral property.If it is self-acquired and gifted/registered to someone specifically, her claim may not stand.2. Limitation Period – Limitation Act, 1963:Under Article 65 of the Limitation Act, a 12-year limitation applies to a suit for possession of immovable property if someone claims adverse possession.3. Application to Your Case:If no partition deed exists, and the land was undivided ancestral property, your aunt can still file a partition suit.Your continuous cultivation doesn’t automatically block her claim unless:You can prove adverse possession (open, hostile, and known to her),Or that she had waived or relinquished her right (via registered deed, etc4. Solution & Suggested Legal Action:A. Defend the Suit on the Following Grounds:Property is self-acquired by grandfather (if supported by documents).No claim was made for 13+ years – raise a limitation objection.Try to establish adverse possession, if continuous, exclusive, and hostile possession can be proven

Q: Ancestral property inherited by my dad now registered under my brother

According to Indian Islamic law can I claim my ancestral property which is inherited by my dad and now registered under my dad and brothers name nothing is given to we sisters is it possible to legally challenge

Advocate Venigalla Srinnivasa Rao answered
1. Right to Inheritance in Islamic Law:Under Muslim Personal Law (Shariat) Application Act, 1937, both male and female legal heirs have a right to inherit ancestral or self-acquired property of a deceased Muslim.Daughters are legal heirs and cannot be excluded from inheritance.The share of a daughter is typically half of a son’s share, but she must receive a share.2. Situation as per Your Query:If the property was inherited by your father, it became his personal property.Upon your father's death, the property must be distributed according to Sharia law:SonsDaughtersWife (if alive at the time of death)If the property has been transferred or mutated only in the name of sons, bypassing daughters, it is illegal and challengeable under personal and civil law.3. Legal Remedies:A. File a Legal Notice:Issue a legal notice to your brothers and other heirs, demanding your rightful share.State that the transfer or mutation done excluding daughters is not valid under Muslim law.B. File a Suit for Partition and Declaration:File a civil suit for partition in the local civil court seeking:Your legal share in the property,A permanent injunction against further alienation,Declaration that the exclusion of your name is void.C. Mutation/Registration Challenge:If the property has been illegally mutated or registered in only male heirs’ names:Apply before the Tehsildar/MRO/Revenue Department to correct records.

Q: Father filed complaint under Senior Citizens Act 2007.

Hi, I am from Hyderabad. My parents got divorced in 2003. I was 17 years old at that time. My mother took care of my childhood, education and everything all alone. My father left and now after 22 years, he filed a complaint under Senior Citizens Act, 2007 in Coimbatore. How can I defend against this? Thanks.

Advocate Venigalla Srinnivasa Rao answered
Your Grounds of Defence:You have strong legal grounds to defend the claim, especially based on:A. Estranged Relationship / No Dependency:He abandoned you and your mother.Had no role in your upbringing, education, or support.His sudden demand now lacks moral and equitable justification.B. Financial Self-Sufficiency:If your father has income, property, or pension, you can argue he is not entitled under the Act.C. Abuse of Process / Malafide Intent:Filing a complaint after 22 years, especially when the child was a minor during divorce, can be challenged as an abuse of legal process.3. Legal Remedies & Strategy:A. File a Detailed Counter Affidavit before the Maintenance Tribunal:Submit facts of abandonment and lack of relationship.Include evidence: school/college certificates, divorce decree, and affidavits from mother or relatives.Mention father’s conduct and lack of dependency.B. File a Writ Petition (if necessary):If the Maintenance Tribunal acts without considering your objections, you can approach the High Court under Article 226 to quash the proceedings.

Q: Quashing Anem From Criminal Case

My father was a businessman who bought grains on credit from local farmers and sold them to factories. Once, a truckload of sesame seeds worth 80-90 lakhs was lost, and he didn’t have insurance. To cover the loss and pay the farmers, he took loans on our property. However, he couldn’t repay the loans and borrowed from private lenders, which caused the debt to increase. Facing threats from customers, he decided to flee with our family. He consulted a lawyer, but the lawyer never filed the case. Nearly 80 customers filed a fraud case against us. I was a student at the time and had no involvement, but I was included. We were detained for 15 days, and the case continues. My father passed away in 2016, and I learned in 2022 that my name was added to the case. Now, they call us for hearings every week, and I want to know if there’s a way to remove my name from the case at this stage.

Advocate Venigalla Srinnivasa Rao answered
1.Legal Grounds for Removing Your Name:You can approach the High Court under Section 482 CrPC to quash the proceedings against you, based on:You were a minor or student with no role in the business.You were added without evidence of direct involvement or intent to defraud.Your father was the sole decision-maker and actor in the transactions.Prolonged harassment without prima facie material against you.2. Remedy – File a Quash Petition:Under Section 482 of the Code of Criminal Procedure, file a petition in the High Court seeking:Quashing of FIR/proceedings against you,Citing that the continuation of proceedings is an abuse of process,Supporting it with documents like:Education certificates showing you were a student,No role or name in any agreements or transactions,Father’s death certificate,FIR/charge sheet copy showing lack of specific allegations against you.3. Steps to Take:1. Get a copy of the FIR and charge sheet.2. Collect evidence of your non-involvement (school/college documents).3. Approach a High Court lawyer to file a quash petition under Section 482 CrPC.4. Seek interim relief from regular court appearances, if needed.