Advocate Vijendra Rai

Questions Answered by Advocate Vijendra Rai

Q: Division of property of a childless couples in india

We are married for last 21 years with no children. We both have individual savings with each other nominations. I have many differences with my in laws. I always think that what will happen to our savings, our property, if we both die together. who will be legal heirs of childless couples property ?, Can anyone please help me

Advocate Vijendra Rai answered
If you have property and money in your saving account then it's your wish that to whom you want to give, it's completely your wish. You can give to any children welfare, popes, or to any NGO or to any hospital.

Q: If the police ask you to come to the station do you have to ? what is the Legal consequences ?

I AM A SINGLE WOMAN AND HAVE NO ONE IN MY LIFE. I EARN MY BREAD AND BUTTER BY DOING A JOB. I WAS WORKING FOR A BPO COMPANY IN MIRA RD WHICH TURNED OUT TO BE A SCAM . ALL THE EMPLOYEES WERE BEHIND BARS WHO HAD WORKED FOR MORE THAN 1 YR. I HAD JUST NEWLY JOINED THAT COMPANY AND DID NOT EARN ANYTHING, I WAS ABT TO GET MY SALARY AND UFORTUNATELY THERE WAS A RAID. NOW RECENTLY AT 2 AM IN THE NIGHT , 2 PEOPLE IN THEIR NORMAL CLOTHES CAME TO MY ROOM SAYING THAT THERE ARE FROM KASHIMIRA POLIEC STN THANE AND GV ME A PAPER IN WHICH IT WAS MENTIONED THAT UNDER SOME SECTIONS MENTIONED , IHAVE TO REPORT TO THANE POLICE TSN WITH 15000 TO PAY AS ZAMEEN ON 25/02/2017. THEY ASKED ME TO SIN AND GV MY MOBILE NUMBER. I WAS SHIT SCARED AS IT WAS LATE IN THE NIGHT, SO I SIGNED AND GV THEM MY MOBILE NUMBER. I COULD NOT GO ON THAT DAY BECZ I AM WORKING , I COULD NOT GO WITHOUT TAKING OFFICAIL LEAVE FROM OFFICE. I GOT A CALL FROM THEM SAYING THAT WHY HAVE I NOT COME AND THEY WILL GET ME ARRESTED. CAN POLICE ASK YOU TO COME TO THE STATION ?

Advocate Vijendra Rai answered
See as per the Code of criminal procedure act Section 41A (Section 35 BNSS) any investigating police officer can summon a person for recording a statement if they believe that the person is involved or can assist in the investigation. So, the first thing is that if you have not done anything wrong, you should appear before the Kashimira Police Station. If you fear arrest, you can either go with your advocate or file an anticipatory bail (ABA) application. After receiving a favorable order, you can fully cooperate with the police and provide any information you have about the incident.

Q: Need help regarding fake DV and fake 498 and fake FIR section

My wife filed fake DV case and false 498 charges and also filed FIR which includes all fake charges. What needs to be done here?

Advocate Vijendra Rai answered
You consult a lawyer for all this for DV matter he/she will defend you by supporting documents, for 498A there is Supreme Court direction not to arrest without proper investigation hence you can take ABA and for other FIR as per you can approach the session and high court through ABA.

Q: Legal procedure for stay on the illegal encroachment on land

Regarding the place named in encroachment. This place is used by us since last 30-35 years. Now other person says this place is belong to him. So he is going to sell it. We want stay on that. We have 90 hearings in that only 3 times oppositions were present in court. We did summon against them. Advertise in news paper. still oppositions not attend any hearing. What should we do now?

Advocate Vijendra Rai answered
You should approach the court with all your concern giving the proof of your possession. Who is the owner of that land is more important if you are the owner and you are in possession then the court can order for status quo and later you will get the land in your favour and if it belongs to some one else then it’s up to the court

Q: Frankfinn Institute Filed Cheque Bounce case against me what to

This was in 2013 were i got a job in frankfinn institute as a asst manager for sales, at the time of joining they asked for a cheque of Rs35000 as a contract that if i leave before 6mths they will deposit the cheque. The Cheque was from ICICI bank Mumbai branch and the deposit was done in Delhi, They didnt pay me fro Two months and since i am the only bread earner in my family and staying on rent,i could not afford to not pay my rent for three mths continuously,Hence i left the company and started searching for job. In 2014 frankfinn guys filed a case against me after depositing the cheque claiming to get the money. When i asked them to adjust the same against my salary which was not paid, they simple ignored and told me to sort the same with the HR. I have been continuously harassed by them, Now since i am working in a company outside India, would like to close this matter.Kindly advice what can i do.

Advocate Vijendra Rai answered
If you have received any summons then You should hire an Advocate and appear before the court complete the initial formalities and then you can settle the matter if you want. As you have not seen notice or no action is taken against frankfinn for salary payment hence you can not take action now, so better settle the matter if you donot want to fight the case.