Q. My parents died in an accident last year. I have 3 siblings. I got married in 1984 when I was 14 years old. As my husband's family are christians, I got converted to Christianity. My parents are Hindus. My parents own 5 acres of agriculture land and 5 residential flats, in which 1 acre of land and 1 flat is ancestor property and remaining all are my fathers' self acquired property. In 2020, my father gave 1 acre land and 1 flat of his self acquired property, to my 2 sisters through registered gift deed. Now the remaining property is (3 acres and 3 flats). My brother, who is Hindu, is claiming that entire property will belong to him as I converted to Christianity, I won't receive any share.
1. Can I claim my share through partition suit? If yes, which act will be applicable, Hindu succession act or Indian succession act?
2. Does my sisters(1 is Hindu and the other is Christian) who already got their share from my father, will again get the share from remaining property?
A. Dear madam,
You may claim your equal share by filing partition suit as right to inheritance remains untarnished even if the person has converted.
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Asked on 11 Jul 2023
Q. Need your help for 406/420 IPC
A. Under Sections 406 and 420 of the Indian Penal Code (IPC), charges relate to criminal breach of trust and cheating, respectively. Section 406 IPC applies when someone dishonestly misappropriates property entrusted to them, while Section 420 IPC deals with cheating and dishonestly inducing the delivery of property.
If you are accused, you should apply for anticipatory bail under Section 438 CrPC to avoid arrest. You can also challenge the FIR under Section 482 CrPC in the High Court, arguing that the case is false or lacks evidence. If the case proceeds, prepare a strong defense by proving lack of dishonest intent or that the dispute is of a civil nature rather than criminal.
If you are the complainant, you must present evidence of entrustment and fraudulent intent to establish guilt. The accused can be arrested, and their assets can be attached if required.
17 Answers
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Asked on 27 May 2023
Q. Am I liable to pay postpaid bill of my deceased grandfather
A. Yes if u huv his property
2 Answers
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Asked on 22 Feb 2023
Q. All House hold things are taken care by husband (me). Wife files false court cases.
As per Lawyer I need to collect how much i invested/spent on wife in last 6 years. Apart from travel bills, wife's personal bills (phone, beauty parlor),gifts ..what other things to show my expenditure on wife. Please help for all possible things which I can collect and show in the court.
A. Sir please let me know what are the sections she imposed on you
2 Answers
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Asked on 21 Feb 2023
Q. Dowry case quashing
A. Please kindly arrange to meet with me either at the High court-jaipur or at my chamber which is located at Vidhyadhar Nagar - Jaipur to discuss this.
16 Answers
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Asked on 23 Jan 2023
Q. Stalking by police officials on filing a comllaint of sexual harassment at work place.nw attempts to hitting hv bedn there and also bugging of my house is there.nw where to complaint as by complaining to their seniors is not fruitful .they hv not given any receipt to me and also not taking any action
A. You can go to the directly to the Court criminal complaint againt the police official.
15 Answers
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Asked on 14 Oct 2022
Q. I WANT CONSULTING ABOUT RAPE CASE
A. Please kindly arrange to meet with me either at the High court-jaipur or at my chamber which is located at Vidhyadhar Nagar - Jaipur to discuss this.
19 Answers
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Asked on 09 Oct 2022
Q. Ipc 376 354 323 376 reopen case police report f.r [false report]
A. You can book consultation with me.
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Asked on 02 Oct 2022
Q. A case has been filed against me & my father by my father in law in another state. Can I alone file transfer petition against my father in law? Will my father be also considered as respondent in transfer petition alongwith my father in law in that case?
I dont want to involve my father in the case. He lives with me, he wants transfer too, but do not want to be a party in the transfer petition.
A. Yes, you alone can file a transfer petition in the Supreme Court under Section 406 of the CrPC or in the High Court under Section 22 of the CPC to request the transfer of the case to your state. However, since your father is also a co-accused, he is automatically a party to the case, and the court may consider his involvement. If your father does not want to be a party to the transfer petition, you can file it only in your name, citing personal inconvenience, security concerns, and family hardship. The court may still ask whether your father supports the transfer, and he can give a statement or affidavit confirming the same without being a formal petitioner. The respondent in the transfer petition will be your father-in-law, but the court might notify your father since he is involved in the main case. Consult a lawyer to draft the petition strategically.
13 Answers
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Asked on 14 Sep 2022
Q. I Purchased one flat in 2018, and the builder promised me to give possession in 2020 he offered me, but I am not taking it due to covid. I am ready to take control and see if the project is not completed. My flat is ready but out of 2 one lift installed not any amenities will be prepared, not parking is ready the whole project should be pause I see no any labor is there so is this possible that I am quite that project and how please help me right now I pay approx 7 lac interest to bank against that property. That project is under Rera in Jaipur
A. you can book a consultation with me. I will be happy to help.
5 Answers
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Asked on 12 Jul 2022
Q. Sir, how much the divorce case duration in court.
A. not specific its depend on court and advocate.
25 Answers
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Asked on 14 Jun 2022
Q. cases related to working journalist act
A. Hi Bincy, could you please elaborate on your query for a better understanding and forward solution.
Thank You,
Swagita
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Asked on 15 May 2022
Q. Briefly, what is the process to get our marriage registered in India under the Special Marriages Act? I am an Indian citizen (Hindu) getting married to an American citizen (Agnostic) in India on the 9th of June, and we both normally live in Australia.
As I understand it, one of the requirements under the Special Marriages Act is that at least one of the people getting married is resident in the district the marriage is registered in. Noting that I will be travelling to India for a few days over Easter break (16/17 April), both of us will only return to India to get married on 28 May. We have tickets to return to Australia on 22 June. Additionally, I will be living in Gurgaon while the wedding ceremonies will take place in Agra. Is there any way we can register the marriage in India despite the fact that neither of us will be resident for 30 days? What is the evidence we need for the residency, and is there any way to get the process started early so we meet the requirement?
A. I understand I'm quite late for reply.
Let me know whether your process has completed or not
12 Answers
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Asked on 29 Mar 2022
Q. Hi,
We incorporated our Private limited company in Aug 2020 and also registered it for professional tax and paid a tax of Rs 2500 after registration. The company has only two directors as employees and so far, they do not receive any salary. The company has done zero business till now and so the revenue is also zero. We received a notification from Chennai Corporation to pay tax arrears of Rs 7500 for ( Rs 2500 for second quarter 2020-2021, Rs 2500 for first quarter 2021-22 and Rs 2500 for second quarter 2021-22 ). Is it compulsory to pay this tax when the directors receive no salary and company has zero revenue. How can we get exempted from this tax and get back the Rs 2500 paid as tax for the first quarter 2020-21, thanks!
A. You can book a consultation with me for further detailed discussions.
2 Answers
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Asked on 11 Mar 2022
Q. Agricultural land purchased in Chikballapur, in 2012, pending mutation (RTC and Pahni)
A. submit application to Revenue Dept.
13 Answers
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Asked on 08 Jan 2022
Q. If RWA is not registered, is it valid RWA. If not how it can be abolished
A. Registration of RWA comes under society registration act. And RERa act mandate for three month to form RWA.
4 Answers
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Asked on 10 Dec 2021
Q. If a man divorce his wife then where his wife and children will stay,,,?
A. Depends upon wife.. Either in her house or parents house
40 Answers
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Asked on 10 Dec 2021
Q. Helo Sir/Madam,
I have Filed G and WC - Appointment of Guardian, Other in Family Court. under which IA 1 i have asked for Appointment of Guardian, n IA 2 i have asked for Visitation rights under TI. The file first went through Mediatiton process. My wife has agreed for the Visitition Rights in Mediaition. But Guardian she is not ready to give n she is ready to run infront of the Bench or Judge. Now the question is if i make a decree or agreement in the mediation centre for Visitation will the IA 1 and IA 2 both get disposed, or IA 2 i can get decree n IA 1 i can run the case through preceddings. Can i Get IA 2 visitation Right first.
A. Both cnt be disposed sir
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Asked on 02 Dec 2021
Q. I am dealing in legal section of Kota Postal Division.
We had filed a appeal against district consumer forum decision in state consumer forum. We deposited an DD OF AMOUNT 50 PERCENT OF DECISION or 25000 whichever is less.
Now appeal Has been decided against our department. Will we get deposit DD amount back or not. What is the process for the same. Kindly guide. Also mention relevant section in support
A. Yes, you will get your DD amount of deposit back. You just have to write a letter requesting to the state consumer forum registry. The relevant application doesn't have any format though.
10 Answers
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Asked on 02 Nov 2021
Q. Even though I had sufficient balance in my accounts, the bank didn't cleared my cheque. Now the third party had filed a case against me. Can I sue bank for this.
A. Dear Abhinav,
You can book a consultation regarding your case.
Regards,
Arnab Biswas
Advocate
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Asked on 28 Oct 2021
