Legal Question in Criminal Law in India

Respected Sir,

If a person marries with a divorced woman and adopts her son too. Now from this marriage they have 3 daughters and 1 son in total 2 sons.

Sir, the second son who is the actual heirer has to pay me some amount. He gave me a cheaque which got bounce & I filed a case against him u/s 138 NI act. I won the case & the honorable Judge ordered that the accused has to pay the double the amount of the cheaque.

Sir, my now query is that :-

1. Unfortunately he did not have anything except some government contracts & a room in his parental house because his father gives Power of Attorney to the adopted son just before his death.

2. Wether the adopted son has right over his second father's property, despite his second father give him Power of Attorney before death.

3. Now what options are left before the Honorable.

Sir, Please advise me what should I do next & please give your advise and suggestion in a Detail manner so that I can understand it.

It will be your most kindness.

Thanks....


Asked on 2/24/11, 1:23 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as a creditor, you can only claim the amount through the assets owned by the debtor.

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Answered on 2/24/11, 2:26 am


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