Land related issues

Guest (Querist) 10 January 2015 This query is : Resolved
DEAR EXPERTS,

LAND PARTITION WAS REGISTERED WITH MY HUSBAND AND HIS BROTHER 2 YEARS BEFORE (BY THEIR GRANDFATHER’S WILL DOCUMENT). NOW HIS BROTHER WANT TO EXCHANGE THE PORTIONED LAND, BECAUSE HIS LAND LITTLE FARAWAY FROM THE HIGHWAY ROAD. BUT MY HUSBAND DOES NOT AGREE IT. SO HIS BROTHER IS MAKING SOME TROUBLE TO MY FAMILY AND KUWAIT WORKING HUSBAND. FURTHER HE TOLD ME, IF HE NOT EXCHANGE LAND, I WILL FILE CRIMINAL F.I.R AGAINST HIM. BESIDE THEY DID GET THEIR SISTER’S SIGNATURE WHEN REGISTERED THE DOCUMENT. HENCE, I LIKE TO KNOW THE FOLLOWING QUERY’S REPLY.

1. WILL MY HUSBAND’S BROTHER REOPEN 2 YEARS EARLIER REGISTERED LAND DOCUMENT?

2. CAN MY HUSBAND’S SISTER CLAIM ANY SHARE FROM THIS PARTITIONED LAND NOW?

3. DOES SHE HAS ANY LEGAL RIGHTS IN THE PORTIONED LAND ?

4. CAN POLICE ACCEPT HIS OR CLOSE FRIENDS (SELF PLANNED) CRIMINAL F.I.R AGAINST MY HUSBAND WHEN MY HUSBAND IS STAYING IN INDIA?

5. MAY I KNOW WHAT TYPES OF CRIMINAL F.I.R , COURTS/POLICE CAN SEIZES PASSPORTS?

6. CAN MY HUSBAND TAKE ANTICIPATORY BAIL FOR 30 DAYS?

7. HAS ANY OTHER ADVANCE BAIL OR OTHER PRECAUTIONARY STRUCTURE AGAINST THIS CRIMINAL F.I.R?

8. CAN MY HUSBAND RETURN ABROAD WITHIN 30 DAYS, IF HE FILE CRIMINAL F.I.R.?

PLEASE ASSIST TO RESPONSE TO ALL MY QUERY.

THANK YOU ALL EXPERTS,

RUBIKA.

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Devajyoti Barman (Expert) 10 January 2015
1. No
2. No
3.No
4.It depends on the fact alleged in the complaint.
5. Seizure of passport can happen only on direction of court and it is rarely done.
6.Yes
7.Anticipatory Bail is enough.
8.Yes unless the court puts any restrictions.

Rajendra K Goyal (Expert) 10 January 2015
1. No he can not open specifically he was agreeing party to it.

2. No she can not.

3. NO.

4. Depends upon the case / crime framed.

5. Seizure of passport can be done with the order of the court.

6. Yes.

7. Anticipatory bail would be enough.

8. Yes if court has ordered otherwise.

If FIR / complaint / any case is initiated against your husband consult local lawyer immediately.

Guest (Querist) 23 March 2015
Thank you All Experts

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