Advocate Rushil Aiya

Questions Answered by Advocate Rushil Aiya

Q: College forcing students to pay the fees

I am an Engineering students whose fees is 1,36,000 for the academic year 2020-21 and the college is forcing to pay 50% of the fees by August 15, 2020. But for a student like me who belong to middle class family paying 50% of the fees during the covid situation is still difficult as we face difficulties for our basic need over these past months. I talked to the college stating my difficulties but still they want me to pay the 50% of the fees before the deadline. So what are the correct ways that I can act legally regarding the issue?

Advocate Rushil Aiya answered
Please consult a lawyer immediately and file a writ petition in the High Court having jurisdiction and provide documents and evidence to show how paying 50% fees would create hardships to you and your family.

Q: i want to file PIL against personal law

i want to file PIL againest government, my argument point is in india every Citizen have only Citizenship and this one is only Indian citizenship. there are not different Citizenship for Hindu or muslim or there are no different citizenship with respect to state. if one Citizenship then why there are parallel more then one personal law for Indian law, old goverment is made this law for vote bank raajneeti. if there are gap in indian law then goverment should take care to make law properly. my suggestion is One Citizenship one law. if personal law will remain continue then this thing will prove that our indian law is weak and useless for indian public so and there are gap or no provision for citizen's issue.

Advocate Rushil Aiya answered
You cannot file such a PIL as every religion has a right to follow its own personal law as long as such personal laws are not against the Constitution of India. If you are facing issues relating to any personal laws of religion you are professing then you may challenge such personal law, but you as a citizen have no right to interfere in personal laws followed by other religions. If they are aggrieved by any actions under their personal laws, they may be able to challenge. I am sorry there is no PIL for your grievance.

Q: Will I be liable for fathers debts

I have found out My father has personal loans through banks and Relatives to extent of 25Lacs and above. All loans are on his sole name and I'm no coapplicant/Guarantor. What i want to know is that will I be liable for fathers debts ,can creditors attach my salary /Bank account's/ assets even though I'm not a party to the loan . Please guide me what should I do .Should i really worry.Regards Raj Katara

Advocate Rushil Aiya answered
Hi Raj, you are not liable for your father's debts unless you are a co-applicant or a guarantor. The Bank does have a right to recover your father's loans from your father's estate i.e. properties and accounts that are his self acquired properties. If you have transferred your father's assets in your name based on inheritance and succession, the banks are entitled to attach such assets.This answer is based on the queries raised and is not a legal advice. The legal advice or course of action may differ based on the documents or evidence available.

Q: Impact of Litigation on housing development project

I am interested in buying an under construction flat and respective project has a litigation. Litigation details-One of the land owner has signed some sale deeds and one power of attorney to complete remaining contracts of development with builder. After finalizing everything that owner has filed a civil case(against her brothers and sisters) in shivajinagar court asking for equal portion of income and stay on the project and cancellation of the registered deeds. The case is likely to get settled outside of court. Question- what will be the consequences if I buy the flat in said project. What happens if court gives decision against builder and her other relatives

Advocate Rushil Aiya answered
Until and unless there is stay, there is no impediment on buying the property. However, since you clearly have notice of the litigation, The purchase will be subject to the outcome of the litigation. If the court gives decision against the builder, the purchase can be cancelled by the court and your property will be at risk. You may have a money claim against the builder for refund, but you will not be able to claim the property.

Q: Issue- sale deed and power of attorney is challenged by one of the land owners. She has filed a case

Issue- sale deed and power of attorney is challenged by one of the land owners. She has filed a case against her relatives for equal distribution of income. She is asking for cancellation of registered deeds too (she has received her portion of income but she is claiming that portion is not equal and fair). I would like to know the impact on individual flat buyer if this matter doesn't get settled outside court.

Advocate Rushil Aiya answered
Well, the impact of individual flat buyer depends on whether you had notice (includes consteuctive notice) of the claim/title of one of the land owners or not before purchasing. If yes, the impact would be subject to the result of the dispute and if not, the buyer may be considered as a transferee in good faith and there would be no impact on the title. This answer is only based on the query raised and not a legal advice, the legal advice or course of action may differ based on the documents and evidence available.