• Bond from brother

My unemployed brother is staying in Kolkata while I am in Mumbai. I am earning and sending him money regularly on a humanitarian ground. If I do not send money he will starve. I have no problem in sending him money. The basic problem is he gets into fight very frequently with others. He has a bad temper (he is under medication for nerve soothing). To safeguard myself from any criminal offence he makes (if he makes one in future) I want a legal document signed by him that in the instance of his getting caught up in anything untoward I am no way responsible as the only connection right now i am having with him is sending money via e transfer. I have not met him in person since last five years and I do not wish to meet him also. For the money part I have to send him as this a humanitarian ground and I do have issues in sending some money ( I am currently sending him Rs 6000 per month and he resides in our parental home). I just want a safagaurd from his activities as very frequently he tells others that I have told him to fight with them. Also he is married and I have only met his wife once in a family wedding. We are not in touch and I do not have any relation with her and I do not want to get mingled in their affairs also. I am residing in Mumbai and come over to kolkata for completing legal papers in October after diwali. Please advice at the earliest.
Asked 8 years ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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13 Answers

Hello,

Yes you two can enter into such agreement, there is no issue in this. However signing this document will just protect you if you are investigated for some matter in future. You can show this paper to authorities. I can draft the same for you and you can get it printed on Rs. 100/- stamp.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

That will be signed in kolkatta, infront of the notary piblic in Kolkatta.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

You are not responsible for your brother actions

2) if your brother gets into fight with others he has to bear the consequences

3) he would be prosecuted if he has committed any offence

4) you don't need a bond from your brother

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

Hello,

Just to add to my answer, you should be clear on the point that you will not bear any consequence for the act of your brother, but when the police investigates they will come to you seeing the bank details and also you being his brother and at that time in addition to your oral testimony you can show this affidavit to the police.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

Sir, firstly ) you are not under any legal liability to maintain your brother..2) you cannot be prosecuted for any criminal activity done by your brother..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Hello,

He can entangle you at any point of time, and this affidavit will not be a wholesome prove that will protect you everywhere, but at least after getting this signed you can produce it before the authorities to show your bona fide.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

Let me know if I can be of any assistance.

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

1) if your brother assaults his wife he would be prosecuted

2) considering fact that you have met your sister in law only once in 5 years no DV case is maintainable against you as there is no shared household

3) even if any false case of dowry harassment is filed you would easily obtain AB as you are staying in separate city with no contact with her

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

you will be wasting your time and money in preparing legal document

it is not necessary .

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

What kind of logic is it? Why would he treat his wife as per your advice..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

No agreement or any bond in this regard would be legally enforceable in the event of any untoward incidence in the future.

You cannot take shelter under the garb of such agreements.

There is no necessity to defend yourself even if he is involved in any such brawl or dispute because you are residing in Mumbai and he is in Kolkata

There is no risk in this situation

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

After getting printed what is to be done. Where this will be signed? He is staying in kolkata. If this has to be signed in court, what is the process?. I want a pakka legal document. I am ready to go to kolkata.

There is no legality or legally valid document for such type of an agreement.

This agreement even if somebody does it with greedy intention is not enforceable in law.

You have been misguided about this concept by somebody hence dont waste time, energy and money on sch imaginary ideas.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

thank you for your advice. He has wife, tomorrow he beats up his wife and something happens to her and he mentions that I told him to harm her. Will I be then get caught into legal hassles?. I have no relationship with his wife. But considering the Indian legal system where a woman is protected will I not be entangled in that?

Dont stretch your imaginations too far.

The police or law enforcing authority will not take anything granted on the basis of his vague statements, hence you need not worry about it

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

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