Advocate Praveen Mahajan

Questions Answered by Advocate Praveen Mahajan

Q: Husband's family abusing what action can I take

Sir i was married w acc to hindu religion.he is an army person..upto 1 year of marriage everything was going well but after this he and his family members started to abuse me and my family oftenly..when it became unbearable i had to escape when my second child was about to born.. Now i m living at my parental home and i hv no source of income..i hv two female child with me...plz suggest me what can i do.. I m very much afraid and hopeless...

Advocate Praveen Mahajan answered
You must file complaint under domestic violence act and claim monthly maintenance at your earliest since maintenance to you and child will be be granted by court only from Date of filing the petition there is high chances of getting the maintenance as your husband is Govt employee

Q: Receiving abusive messages from my ex boyfriend what i should do

We brokeup 2 months back , he used to send me messages to meet him . Calling late night on phone whatsapp and imo ans yesterday when he realised i won't meet him he started sending me abusive messages and called me prostitute. Can i take an action against him? And this is not the first he used such language but while in a relationship i avoided everything but now i don't want him to let go like this. Please help , if i find the answer suitable i would like to visit personally at lawyer's office to discuss in detail. Thankd

Advocate Praveen Mahajan answered
You can file the police complaint sending the obsence or abusive sms by whatever means is serious offence under the Indian Penal Code and IT Act you shall file the police complaint it will surely solve your problem

Q: Can one of the owners sell a property with joint ownership

1. How can one of the owners sell a property with joint ownership ? Can one of the owners sell it by partitioning it on its own by putting a wall and selling rest of the portion without NOC from other owner. Details for property: House 2. What is the process of issuing a will? How can genuinity or authenticity of a will be checked? In case of no will being issued who are the inherited benificaries and who can make a claim 3. What is the process to get details of ownership of a property if sale deed is lost?

Advocate Praveen Mahajan answered
Ans no 1 the joint property cannot be sold if the sales deed in joint name does not specify the share of property with clear demarcation hence safer way is to have either consent agreement for partition of property and making other joint owner as confirming party to sale deed rest of advice can be provided after perusing the original joint sale deed to find legal way since the proposed buyer will not be much interested to buy property in joint name without consent of other party however if proposed buyer is ready to buy on as is where basis then legal way to execute sale deed for portion of property can be explored Ans 2 will can be either registered will with sub registrar office in case will is registered the certified copy can be obtained after filing death certificate of person making the will or if will is unregistered will and you want to challenge the will you can file petition to declare will as null and void and in case you wish to support will you can file will probate petition in court for w authenticated by court by way of probable proceedings Ans 3 in case of lost sale deed you can obtain certified copy from sub registrar office If will is not executed then legal heirs as provided in Hindu succession act can claim the share in property

Q: Suit stand dismissed on some grounds want to know my rights

Case of immovable property. My question is Why suit is not maintainable? In the order ''The suit stands dismissed on the ground that simplicitor suit for declaration without seeking consequential relief of possession is not maintainable''. The plaintiff is not asking for relief of possession, just want declaration and null & void of documents? Is it correct that suit is not maintainable? What should we do in this case? What happened, if person is not capable to pay the cost for relief of possession?

Advocate Praveen Mahajan answered
You can file the suit for declaration only when you are undisputed owner and as well in "actual physical possession of the property" however in following cases you have to file the suit for possession with declaration 1) if you are owner but dispossessed from property 2) if you are not owner but dispossessed from property if you have no sufficient means to pay the court fee than you can file the suit as papuer (i.e. as poor person) and seek exemption from filing the court fee but in such case at first stage after inquiry the court will determine whether you are able to pay the court fee or not and only after determination of your capacity to pay the court fee the actual suit will be taken up for consideration

Q: Permission to work abroad during 498a , merchant navy

I am a merchant navy officer who has FIR regstered against self and old kidney transplant recipient mother on 3rd Sep-2015, 498a,406 and 34. 5 ays Notice bail granted 29 Sep-2015.Police delaying investigation to force to come to settlement. I applied to Trial Court for permission to go for my job using Article 21,her maintenance case, monetary requirements for my daughter's and mother's ailments . Court denied permission saying presence of prime accused is required in investigation as well as trial. What next course of action to get permission to resume work as I am out of job since 9 months.

Advocate Praveen Mahajan answered
You must approach high court to get the restrictions removed it is preferable course of action since restrictions for unlimited period cannot be imposed for completion of investigation further you can also got fir quashed against your mother as well