Advocate Vinod Kumar Srivastava

Questions Answered by Advocate Vinod Kumar Srivastava

Q: Received Challan for jumping red light what are the next steps

I was driving a car owned by my mother and I missed a red light which turned red, just when I crossed. I have received a challan and paid and the status of the challan shows disposed, do I need to do anything else ? The challan also had a section saying we need to provide details of the drivers, but no details on where it needs to be provided

Advocate Vinod Kumar Srivastava answered
when amount of challan is not paid then details of driver need to be given to the authority (R.T.O) but when amount of challan is paid and status shows disposed then. no more is required to be done .

Q: High Court grant liberty to file bail application.

Special Court (SC ST) issued summon but accused not appear before Special court. HC ordered that case may be decided in view of law laid down in Satyendra Kumar Antil (supra) . Is the direction of HC applicable in view of Section 18A SC ST Act?~

Advocate Vinod Kumar Srivastava answered
yes, in cases of S/C,S/T Act where no offence of SC, St ACT infact is made by out the direction of the High court is certainly applicable in view of the law laid down by apex court in Satyendra Kumar Antil (supra). If accused appears alongwith the order of H/C, the special court is bound to order accordingly.

Q: Advice on inheritence of property

I am a 22 year old girl. Last year i lost my father due to covid. My mother has already died few years back. Now i am left with one younger brother who is 18 year old and 2 elder step sisters and one elder step brother. The assets and property my father left is a house in lucknow and we got insurance money and we are getting monthly pension. Now the issue is that my most oldest sister is having control of all money that we inherited and the pension we get.So, i am worried that in some years there will be nothing left for me.So my question is what can i do so that i can get what legally and rightfull should be mine immedietly. Kindly help me as soon as possible. I shall be thankful to you for this.Thank you

Advocate Vinod Kumar Srivastava answered
It is not clear from your questions as to money you people have inherited from your father is in the name of your oldest sister only and if so? how it came to her name only? And if not how has control of all money ? however you should ask for your share immediately and on refusal take shelter of court.

Q: to evict brother from family property

My father died in 2018. I have a handicapped brother and mother, whom I maintain and look after, we are residents of UP. My elder brother lives in Mumbai with his wife and does not have any relation with the family. But he wants to take rights in the property (both in his father's name and in the ancestral property) in my father's name. My mother and other family members do not want to give any share to them. In such a situation, is it possible that my three sisters, my handicapped brother, my mother and I myself can evict my elder brother from both father's property by taking some kind of legal action.

Advocate Vinod Kumar Srivastava answered
In accordance with relevant laws ,no brother sister or mother has any right to evict any other brother from the property of father. It doesn't matter whether property is self acquired or ancestral because he has same rights as other brother or sister. So far as maintenance of mother is concerned, mother may claim same.

Q: Regarding nomination of property

My father wants to make me nominee of his house ..am his daughter & currently unmarried ..can he nominate me ? How can he do that tell me the procedure

Advocate Vinod Kumar Srivastava answered
There is no provision of making nominee of house. If your father wants to make sole owner of house after his death he may execute registered will deed in your favour at the office of concerned Sub Registrar. If he wants that the house should be taken care of by you or managed by you he may make power of attorney in your favour at the office of concerned Sub Registrar. He may transfer the house in your name.