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Arun Sood (Prop)     14 June 2012

Expert opinion required

 

A father and son had entered into an agreement, whereby the father has agreed to pay a certain amount to his son through post dated cheques, as the father had purchased some properties in the name of his second wife, son’s step mother, from the funds received from sale of jewelry of son’s deceased mother, father’s first wife.

 

It has been mentioned in the agreement that in case the said amount is not paid by father for any reason than the son can pursue the matter in the court of law against the father, his second wife and their legal heirs.

 

First cheque has bounced. What are the options with the son at this stage?



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 June 2012

1. Initiate criminal proceedings for cheque bounce u/s 138 NI Act against father.  

2. Initiate civil suit for recovery (summary suit) 

 

Good Luck !

Arun Sood (Prop)     14 June 2012

Dear Mr. Chugh,

Thank you for your valuable opinion.

Please also clarify

a) whether suit for partition can be filed against father and his second wife by son as the properties were purchased by father from funds of son's deceased mother, father's first wife - in the name of second wife?

b) Will the son have any right on said properties purchased from funds of deceased mother's jewellery by father in the name of second wife?

Arun Sood (Prop)     15 June 2012

Dear Mr Chugh,

Please respond as matter is very serious.

 

a) whether suit for partition can be filed against father and his second wife by son as the properties were purchased by father from funds of son's deceased mother, father's first wife - in the name of second wife?

 

b) Will the son have any right on said properties purchased from funds of deceased mother's jewellery by father in the name of second wife?

 

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