Legal Question in Criminal Law in India
My elder brother resides in US. He is accused u/s 498-A, 307 since 1993. Court has ordered u/s 82/83 for property attachement. He has no movable or immovable property in India. All the property is under my father's name. What will be the liability of my father. my emailid is [email protected]
3 Answers from Attorneys
in case all the properties are in his father's name, they cannot be attached under attachment warrants issued by the magistrate, so u need not worry. the properties that stand in the name of your brother or that your brother may get after partition, can only be attached. your sister in law cannot even file a suit for partition on her husband's behalf and on her child can do so provided the properties that your father holds are ancestral in nature.
your father is not at all liable. His properties certainly cannot be attached. there is a clear cut judgment of Supreme court in 2009 on this point.
Since it is a family matter, make efforts for an amicable out of court settlement.
Related Questions & Answers
-
Will a Power of Attorney executed without any witnesses considered an invalid POA?... Asked 8/23/10, 11:14 pm in India Criminal Law
-
A false 498a,306,3&4 of the dowry prohibition act was filed in uttar pradesh by... Asked 8/23/10, 7:16 pm in India Criminal Law
-
My family and me have been charged with 498A, 306, 3 & 4 of the dowry... Asked 8/23/10, 11:54 am in India Criminal Law
-
In case of registration of General Power of Attorney, if the main document is duly... Asked 8/23/10, 11:28 am in India Criminal Law
-
My partners had misused some of my joint signed cheques issued to some one close to... Asked 8/23/10, 6:44 am in India Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
