Advocate Naveen Dubey

Questions Answered by Advocate Naveen Dubey

Q: quashing 498a, against self and family

i am govt servant .. my wife filed 498a against me, my three married sisters, brother in law, mother,. she made three charges of dowry harassment..1. giving car regd with my wive' brother after one month of marriage on demand.2.giving 50000 at the time of my heart attack on demand 3.rs 10 lac demand being demandedfor the 2yr old daughter..can fir be quashed on 1.territorial jurisdiction of seoni is wrong as she never came to seoni..lived only fivemonths in delhi out ofthree years of marriage..2.one&half year,she is at parents home..2.delayed complaint after one&half yr of parents home..

Advocate Naveen Dubey answered
Yon can go for quashing of Fir u/s 482 of crpc on above grounds adding that no case under section 498 a is made out as there is only allegations of dowry.. and no cruelty is alleged in fir as defined in cetena of dicisions of hon'ble apex Court where misuse of section 498a is discussed.

Q: Eviction of the Shop

I have two shops at main road. Both the shops are given to a single tenant. One shop have a agreement of 11 months and second shop have a agreement of 5 years. Both agreement had done in Jan 2011.My son is unemployed. He wanted to do some business for earning. I want to evacute both the shops. Firstly I want to know how many average years it take to evict.

Advocate Naveen Dubey answered
You have to prove your bonafide requirements of shops before trial court where shops are situated after giving notice for cancellation of agreement of tenancy....case wil be decided as per tenancy law or track system of eviction cases in trial courts

Q: Agreement Of Property expired

I had done a agreement of property to buy in 2012. It includes that I had given 8.5 lakh to the landlord. The landlord had signed the agreement. The agreement is not registered. Now the landlord is not doing the registry. Should the agreement is valid? Should I get the money return or get the property. What would happen in court?

Advocate Naveen Dubey answered
You can get property by seeking decree for specific performance of agreement to sell against the landlord... by filing civil suit before civil court where property is situated ...if landlord signature proved in agreement or your amount is received by landlord you will definately get relief

Q: Unregistered agreement is valid or invalid

I am from Madhya Pradesh. I want to know if the unregistered agreement of sale of a property is valid or not in court.

Advocate Naveen Dubey answered
The contents of unregistered agreement has to be proved before court through evidence and by paying proper stamp duty...and decree for specific performance of contract can be demanded by filing civil suit....it can be valid if proved before court

Q: Some third person sold property which was in mother's name. What to do

There was a plot in my mother's name. It was bought in 1966. It was left empty. Now third person sold the property few months back. We have the original registry of the property. What can we do?

Advocate Naveen Dubey answered
Lodge FIR against that third person Or file criminal complaint case by alleging fraud before.magistrate....you can also file civil suit for declaring sale deed of third person and purchaser null and void...