Advocate Arun Kumar Gupta

Questions Answered by Advocate Arun Kumar Gupta

Q: Procedure when gov. delayed joining as teacher because of court case.

Sir, I was selected as JBT (primary)teacher in Haryana In 2014. But because of some court cases, government delayed joining, after resolving the case ,the selected candidates get joining in April 2017. During this period September 2014 to April 2017 , I joined kendrya vidyalaya and still in it, I was posted in remote areas of Assam. Now I want to join primary teacher Haryana. During April 2017 to till date, Haryana elementary education department don't send any offer letter, email or phone call.

Advocate Arun Kumar Gupta answered
Some points to be checked.1. What was your seniority in merit list?2. Do you know any of your junior who got the appointment letter?3. Whether any body available at your previous address to take the registered letter?Write a letter to the appointing authority/SSC under the SIT ACT and seek information regarding your appointment and appointment letter.By this way u wl get all the answers of your queries.

Q: Remedy in case husband wants divorce due to extra marital affair

Hindu.living in joint family. Husband wants to give divorce bcoz he is having extra marrital affair. I m not having any relation from 3 years and he is not coming to house from 5 months.

Advocate Arun Kumar Gupta answered
What u want? How old ur marriage is? Do u have any child? At present you are residing with your parents or with your in Laws? Your husband is residing in same city or in other city.Are you ready to continue ur married life like present for ever or u have decided Otherwise? If your husband is not giving u any amount then first of all u must file case of maintenance. Sometimes by this way problems solves automatically.

Q: How to seek Mutual Divorce under special marriage act

Do we need to have two vakalatnama in mutual divorce case in Gurgaon family court. Or the same lawyer can handle both the cases. Is there any fees clause or point being mentioned in vakalatnama to be paid to the lawyer.

Advocate Arun Kumar Gupta answered
Yes. Two separate vakalatname are required to be filed alongwith the petition as both the petitioners are required to be identified by their advocates in the court. The amount of fee is not to be mentioned in the vakalatnama nor there any such place to mention the fer.

Q: Can someone please explain the concept of Divorce by mutual consent ?

We are living separately for 4months, wanted to know the procedure for mutual divorce.

Advocate Arun Kumar Gupta answered
Think again and again. You are taking the step which has no U turn after divorce. Take services of a good advocate. He will prepare the petition U/S 13B of HMA with two affidavits of both of you. Proofs of your marriage, age, ID, residence etc. are required to be attached with petition. After filing of petition you both are required to be present before the Judge for first motion and again after 6 months for final and second motion.The advocate you will hire, will explain some other requirements, if any.

Q: How does division of property jointly owned by siblings happen

Two siblings, A & B jointly bought and own 50% each in two properties, Property 1 worth Rs.100 and Property 2 worth Rs.50. Total share of A and B across both properties is Rs.75 each. A & B have decided that A assumes 100% ownership of Property 2 and reduces A's share in Property 1 to 25% of value while B increases B's share in Property 1 with 75% ownership and reduces B's share in Property 2 to 0%. Post this arrangement A and B will own property worth Rs.75 each. How can this arrangement be legally executed? What are the other legal implications in terms of tax/capital gains?

Advocate Arun Kumar Gupta answered
You both can do this by way of execution of two separate transfer deeds in blood relation without paying stamp duty. For his you both are required to produce proofs of your blood relationships. Otherwise you both can execute two fresh sale deeds of your decided shares for which you have to pay stamp duty. Both are legal.