On 23-Sep-16 00:36 AM,Suchit Palande commented on the following question
Does Metro megistrate holds power to order Judicial custody when case is filed under column 12 with charges under 306 of IPC
The Metropolitan Magistrate has the power to order the Judical custody of the Accused till the filing of the Chargesheet. Once the chargesheet is filed the case is transfered to the Sessions Court and only the Session Court will conduct the Trial.
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On 23-Sep-16 00:30 AM,Suchit Palande commented on the following question
House Sold without my consent
We have a house on my father?s name. Now he has expired and left a will. I was not living with my father in that house. My mother is living there and after my father?s death, my brother also started living there. Few days ago I saw a notice in newspaper that my father has left his will in favour of my mother and me (Rajesh) and in same notice it was mentioned that my brother (Rakesh) wants to sell it and if I do not raise objection in 7 days then they will allow him to sell. I raised the objection in 3 days but then also he sold the house with only my mother?s consent. I want answers to the following:1
He cannot sell the property without including you in the Sale Deed. Your Father's Will says that the property has been bequeath to your Mother and you, and hence you are a co-owner to the property. Whether you sent any objection or not, they cannot sell the property without your signatures. The Sale deed can be challenged in a Court of Law by making the Buyer as a party to the suit along with your Mother. For further clarification, contact me in person.
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On 23-Sep-16 00:21 AM,Suchit Palande commented on the following question
Can court disburse certain sum of money to a bank to which we are in debt, without consulting us?
Unable to repay one of my debts, I lost my own property (home) through a court auction and the money that was quoted during auction was left with court only. Knowing this, all the other money lenders from whom I borrowed money had filed their plea and court after consulting me had disbursed certain amount by taking my signature on some papers. In the similar way, a bank had approached court for debt money recovery but this time, court has neither informed me nor took my signature but the money had disbursed towards that bank debt payment.
Is this a legal way or is something fishy here? Please comment.
Thanks in advance.
It must have been done legally only. The Court cannot do anything illegally. There is nothing fishy in this. Most probably you must have been declared as Insolvent and the proceeds from selling your house must have been distributed amongst your lenders. Since the Bank must have been a secured Debtor and hence no verification is necssary from you.For better clarity you must discuss in person only.
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