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Property laws / Property Sale Fraud (Mumbai)
« Last post by cjoshi100 on Today at 05:10:05 AM »
I had sold my house in year 2016 in June and Actual value agreed with buyer was 36lacs but on the day of execution of agreement buyer approached with request to make agreement with value 31.5 lacs, because buyer could not arrange full agreed amount on the day of agreement. Since buyer was living in same building we had good relationship and therefore trusted her and agreed to keep 4.5 lacs pending and executed sale agreement with value 31.5 lacs instead of 36 lacs. On registration day buyer agreed to pay balance 4.5 lacs in Cash with in a Month but failed to pay even after Seven months of follow up. Buyer even made false promises and later in January 2017 refused to pay balance amount 4.5 lacs and challenged me(Seller) that she(Buyer) will not pay the pending amount and will file a false case that i am demanding extra money over and above agreement value.

Fortunately Name transfer is blocked with legal notice by my lawyer and Chating Case filed under section-420 IPC.

I have below evidence to support my case.
1- MOU signed by Buyer in September 2016 agreeing that balance 4.5lacs still pending out of 36Lacs and buyer will pay in next 15 days in Cash or face legal action.
2- Multiple Phone Call recordings through mobile app.
3- Secret mobile Videó recording when MOU was signed in September 2016 and Accused admitted in video that she failed to pay on time.

Please advise if i will get my pending Money and accused will be punished...i want to understand what are my chances of success in this Fraud Case.
Criminal laws / Re: Ipc 420 and 406
« Last post by Advocate M.Bhadra on Today at 02:09:49 AM »
File a Criminal Revision Petition In District Judges Court against the Magistrate's order to charge with Sec.420 IPC. or after withdraw the complaint you can file a fresh petition u/sec.156(3) Cr.P.C. in the same court.

M.Bhadra, advocate at Kolkata,9836589246
Property laws / Re: Can father sell child's property
« Last post by srisreenivas on Today at 01:22:22 AM »
Thanks for your reply. How to get District judge's permission !

Divorce Laws / Re: About divorse case transfer to a different state
« Last post by Advocate M.Bhadra on April 22, 2017, 07:50:15 PM »
File a Petition in Supreme Court u/sec.25 CPC-----------

*Power of Supreme Court to transfer suits, etc.- (1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceedings be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by motion which shall be supported by an affidavit.

(3) The court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either re-try it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such Suit, appeal or proceeding

M.Bhadra, advocate at Kolkata
Criminal laws / Ipc 420 and 406
« Last post by imtz on April 22, 2017, 05:39:48 PM »
Hi..few person took 3lac from my brother to get him govt job in teaching field bt he didnt get any job.all d transaction was through bank only.after few mnth when he ask money back they calld him bet him and took all belonging..we filed case in court and produced all th transaction magistrate did not took co gnizance in sec 420 took in has been there any way nw so that court take cognizance in sec lawyer didnt objected on this.
« Last post by dryk on April 22, 2017, 12:20:06 PM »
Divorce Laws / Re: About divorse case transfer to a different state
« Last post by adv.amarnath on April 22, 2017, 11:06:07 AM »
Yes, you can file a petition under Section 25 of CPC for transfer of divorce case at wife's place and SC will allow such petition.
Marriage / Re: Legal Advice required on Divorce
« Last post by adv.amarnath on April 22, 2017, 11:02:06 AM »
1. How to talk with him regarding my wish to file for a divorce? Is face to face a good option or should I put it across in a mail? Or maybe should I directly send a notice to his official communication address?

Ans: you can talk with him over telephone as well as send email for mutual Divorce or you can send a lawyer notice for preparation of mutual Divorce.

2. If I talk to him face to face should I ask whether he wants to go for a mutual consent divorce or a contested one?

Ans: Yes, you can.

3. How long after the conversation/intimation should I send the legal letter?

Ans: There is no time limitations or time bound in law. This is absolutely personal law.

4. If he goes for a contest situation, what can be the possible areas which may put me in disadvantage? [please note I do not expect any alimony of any sort. Also we are not having any kids. Nor do we have any property together. Also our bank accounts are not joint. Hence I expect the smoothest way out of the situation]

Ans: This cannot be apprehend at this stage. I think going for mutual Divorce is the best way to get apart with dignity.

5. In case, he is non responsive from his end even after sending the legal notice, what can I do from my end to speed up the procedure?

Ans: Either notice or verbal discussion. Then file case.

6. What may be the fastest time in which I can get a divorce?

Ans: Mutual Consent Divorce will be fastest but contested matter will take time.

7. Since I am working, I will not be able to travel back and forth if the hearing is not in my city. How can I ensure the hearing is in my city?

Ans: Case should be file at Pune.

For further clarification and Consultation in details, you can contact me.
« Last post by adv.amarnath on April 22, 2017, 10:47:52 AM »
File a consumer case against developer/ builder
Property laws / Re: Transfering property
« Last post by adv.amarnath on April 22, 2017, 10:45:49 AM »
Basically you are confusing a simple matter by giving example of X and Y property. GPA becomes invalid on the death of mother. Father is still owner and he can transfer his property
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