Advocate Mayank Rustagi

Questions Answered by Advocate Mayank Rustagi

Q: How much I pay maintenance in hige net worth.

Sir my family(dad) have around 1000 cr (this is self made income) net worth but I don't have any assets and I have only 60k rupee par month salary job. So if I divorce how much maintenance my wife can claim and I live with my family so my living standard is high but I don't have big net worth or net income. So how court decide maintenance.

Advocate Mayank Rustagi answered
See your fathers income cannot be considered as your income. If you have valid proof of your current income then the maintenance would be determined from your income only. Further, even if you are staying in your father’s house or driving your father’s car, then also it would not be an issue. We need to prove your credibility before court so that court understands that you are only using the amenities of your father but meeting yours and your wife’s expenses from your own income. Then only you can avoid payment of high maintenance to your wife even if she claims Rs. 5,00,000 as your monthly income.

Q: My husband pay very low maintenance.

Sir I file maintenance case against my husband but I don't have legal income proof. Actually my husband have business and earn more than 300000 rupee par month. But now they transfer all their property and business to their brother name and close their bank account also destroy all proof of like income tax. And court only Grant 4000 rupee Par month maintenance to me. Now what can I do.

Advocate Mayank Rustagi answered
You can always seek enhancement of the maintenance even if your husband has transferred everything in his brother’s name, if this transfer is being effected after filing of the petition. Law is clear on this aspect and you are entitled for enhanced maintenance, if it is properly fought before court. Rest I can advise even better after seeing your case file and status.

Q: Ground floor property please help

Hello sir/Ma'am I am living in ground floor flat in a building(It is constructed by dividing parking into 2) which has total 5 floor (G+4)This building is two side open. And my main gate opens in opposite street of main gate of building. Now the 4th floor person is threatening me to complain about my floor to MCD. He is saying that they will seize my flat. I am from a very poor family I brought this flat by spending my whole savings. Plese help me what should I doNote: I have registery and all other document's. Please help me

Advocate Mayank Rustagi answered
If you proper ownership documents then you can always file a suit to stop the person on the 4th floor. Your query is unclear on what ground the person on the 4th floor will get your property seize. With proper ownership documents, you have a good case stop this person from taking any adverse step against you. Will have to discuss further in order to understand the exact nature of the dispute which is not clear from your above noting.

Q: Transfer of missing persons share

Can a member's share missing from last 30years be transferred to other family members

Advocate Mayank Rustagi answered
Yes it can be transferred subject the other ownership documents available with you. One is required to file a petition before RCS in case of residential group housing society to get the needful done. Rest upon looking at the documents. Feel free to contact for any further information, if any.

Q: Need advise on how to pursue action against society/builder

Hi,My family booked 2 flats in Dwarka in a yet to be constructed society. The sales people have been not responding and upon visiting the builder office, got to know that it was closed and that around 150+ people have been scammed in the name of DDA land pooling when the project is not a part of that. There is a criminal case filed by the state upon complaints of us investors. But wanted to understand how do we go about the recovery of our money? We are a group of around 60 people who are interested in pursuing legal action. Do we have to file individual cases or can we do something together? And do we need to file civil suit only or can we go for consumer court? And will the ongoing criminal case help us in recovering our money? Apparently, against bail for the prime accused, court has asked to deposit some money- is that something that stays with the court only or will that be provided to the investors? Need to understand the wat course of action in this matter.

Advocate Mayank Rustagi answered
You can pursue class action law suit against the builder and seek recovery of your investments with interest through civil court. Civil court will help you fetch speedy results as compared to consumer Court.It is very unusual that a criminal court has sought for deposit of the investments from the investors such as you. Will have to check the order in order to understand the intent of passing such an order by the judge. The only source for recovering your investments is through civil remedy only.Rest I can guide you better upon seeing the documents. Hope this way resolve your basic query.