Advocate Nitesh Kumar

Questions Answered by Advocate Nitesh Kumar

Q: My neighbour is playing music with full bass and excessive sound.

What can I do after calling the police? What a police can do in these matters?

Advocate Nitesh Kumar answered
u need to complaint police and being petty issue, they can resolve in an amicable manner else can initiate for creating nuisance to public. Hence, it would be better to ask your neighbor to enjoy his style of life without being nuisance to other and that is the best resolution else u can make a complaint to the concerned police station.

Q: IF CULPRIT GOT STAY IN 376, 328, 506

If culprit got stay in 376 from high COURT and high court order that Considering the submissions advanced by learned counsel for the parties and nature of theallegations, it is directed that the petitioner shall not be arrested in above mentioned case, tillthe submission of the police report under section 173(2) Cr.P.C. but shall co-operate with theinvestigation of the case. SO HOW MUCH TIME INVESTIGATION OFFICER TAKE TO SUBMIT CHARGE SHEET IN COURT OR 173 REPORT, IS THERE ANY BOUNDATION OR TIME LIMIT FOR 173 REPORT SUBMISSION

Advocate Nitesh Kumar answered
As per criminal law, it's 90 days but law enforcement agencies take the advantage of vaccum existing in our system to delay the proceeding and to put the things on track, you need an assistance of lawyer.

Q: Refund of Money from a trip advisor

I had booked a trip with a holiday provider in Himachal Pradesh and paid 8,000 for the initial booking. The provider then stopped responding to calls or messages. We then ultimately went and looked for his house in Bhuntar, Himachal Pradesh and got to know he is sick after meeting his family members. We then used another provider's services and went on our trip. Later he assured me of refunding the money and so did his family members. Now after 3 months he says that he won't refund the money as I had not transferred the entire amount and only a part of it so it will be considered as no show. I had not transferred the money as he was not reachable and blindly transferring was not right. I don't know how to handle this

Advocate Nitesh Kumar answered
In response to the query raised, if the travel agent is having a registered firm, then u can file a consumer complaint before the concerned consumer forum. However before it, u need to brief some lawyer and request him to issue legal notice on ur behalf. I think, the matter would be settled at this stage only. Thanks

Q: power of attorney from father who is in convicted and is in jail

sir, regards.... myself working in police services age 23 years. sir my father is in jail and he is convicted in a case of ndps and got 10 years of imprisonment. out of which he is already in jail for last 5years and 3 mnths. sir we want that myself or my mother should get power of attorney from my father ... is there any provision that we can get this work done... we want to get p.o.a of house and agricultural land. kindly give me an advice on this. ill be very grateful to u.

Advocate Nitesh Kumar answered
In response to your query, I would like to opine that if u want the rights towards transfer or selling of ur father's property then the POA need to be registered before Sub Registrar. First, u take consent of your father and get a draft of the said POA be prepared by some lawyer of repute. Thereafter after taking appointment with jail authorities, get the same signed by both the parties in presence of the witnesses. Try if any of the witness could be from jail officials itself. Post this apply for its registration before concerned SR office and if he is satisfied that the same has been executed by the principal itself then he can allow the registration in your father absence else you need to check with them as SR or any official authorized by him to get the same ratified by visiting the jail. Thanks

Q: Parents lived in together for 30 years, sons right in fathers property

my mother is the second wife of my father they didn't married but they live together for 30 year and i'm the only son.My father passed away he did not write any will for the property.Do I have the same right as the son of the first wife to get the property.

Advocate Nitesh Kumar answered
In response to your query, I would like to opine that Indian law does not permit second marriage if the first is existing and been divorced. Although your father lived with your mother for more than 30 year but didn't marry her signifies his intentions. The law cannot ratify the fault of ur parents. However, if u can prove yourself to be his son on records then u will be having rights over his property but yes that would be not a cake walk for u. Thanks