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LEGAL FAQS

Q: In a case that is pending in court, the accused had given me two money receipts that mention a purpose different from the actual one for which the money had been taken. The receipts have been examined to determine if the handwriting matches that of the accused. The chargesheet says, “Result of laboratory analysis: Nil”. What does that mean? If the report goes against me, which forum or court can I approach for re-examination of the handwriting?

Bimal Mazumdar, Calcutta

A: I am not sure what the finding stated in the chargesheet means. But if the report goes against you, you could file a naraji petition before the same court challenging the report, and ask for reinvestigation and re-examination of the handwriting by a superior authority of the police or the concerned department.

Q: My parents’ house is in my father’s name. We are two sisters and a brother. Since our parents’ death my brother has not been allowing my family and me to enter the house. I want my father’s property partitioned. I do not have copies of either the property deed or my parents’ death certificates. How can I file a partition suit against my brother and sister and how can I enter the premises?

Srabani, via email

A: You could conduct a search in the appropriate property registration offices and obtain the certified copy of the title deed. You could also apply to the registrar of death for duplicate copies of your parents’ death certificates. You can then file a partition suit against your brother and sister. Recovery of possession may be difficult till the partition suit is disposed of in your favour.

Q: I own an apartment on the second floor of a G+3 building. My neighbour and his brother are co-owners of the top floor and two flats on the first floor. For sometime now, they have been misbehaving with me and trying to intimidate me into selling my apartment and moving out. What legal steps can I take in this matter?

Sanjana Ghosh, via email

A: You could lodge a complaint with the local police station under Section 506 of the Indian Penal Code against the two brothers. You could simultaneously file a civil suit of permanent injunction against them and seek restraining orders on them.