Advocate Shubham Aggarwal

Questions Answered by Advocate Shubham Aggarwal

Q: *How to get the original documents from my father

My father's mother has passed away and had made a will in my fathers name that the property will be in his name. Property was initially purchased by my Grandfather and his will was transferred to my Grandmother and then she passed and her will was for my father. Currently we hold only the COPIES of the documents and the ORIGINALS are with my fathers sister who are occupying the house since quite some time as we are NRIs and my father was not here. I would like to get some insight on what can be done to the below: a) Get the original documents from them b) Get them to leave the house c) Find out the tenant contract for the 2nd floor tenants in the house. d) How are the electricity bills / phone bills being paid? I have these questions & would like if someone can assist me in getting some update to this. Thanks

Advocate Shubham Aggarwal answered
As mentioned by you that you have photocopy of the documents.Firstly You will have to check and tell me the document (WILL) is a registered Will or merely been notarised?If the answer to my question is in Affirmative i.e, the Will is registered, then you can get the certified copy of the same from the Sub-Registrar Office. Once you obtain the certified copy you can file a case on the basis of certified copy against your father's Sister and pray the court to pass a direction against her to handover the original and also direction seeking injunction against her not interfere in the possession of the property.Secondly an FIR can also be filed for cheating , fraud and misappropriation.Thirdly if the answer to my question is in negative then you will have to directly file a case on the basis of information and photocopy available with you and as such seek a direction for calling of records and also seek other directions like vacating, injunction etc.

Q: Divorce case going on for years how to resolve it

hione of my friend is not living together from past 15year and the file divorse case in 2012 but in local court case they refused for sepration and after that they they filled the case to high court. but after still the case is in pipe line bcoz the women is not ready to give divorse to the new. so please help me to know the solution on this.

Advocate Shubham Aggarwal answered
First and Foremost i would like to inform you that the court take its own course to decide particular case. However, in order to resolve such cases in an early manner, we can approach the court with an application for early hearing inter alia pleading our urgency to do so. This is my prima facie view on the same.In order to give you a satisfactory answer or to suggest a best possible recourse I will have to see the complete paper book of your case.Thank You.

Q: Can I file suit against airlines for servicing bad food

I found a dead giant fly in my meal on board a flight. Can I sue the airline company and what are my rights in this case

Advocate Shubham Aggarwal answered
Yes you can file a consumer complaint against the Airline Company for serving you the food which is not appropriate for eating. The said complaint will come under the head of deficiency in services. Also in order to file the said complaint you should have some proof evidencing that the inappropriateness of the food. (either in the form of some image or an immediate written complaint to the Flight Crew)

Q: Nuisance and harassment by neighbor. Neighbor filed police complaint.

My neighbor is harassing me because there is a iron stairs outside our house and he has already file a police complaint and police is asking to pay fine or it and he is doing so because he was running factory because of which there was lot of noice and nuisance so we complaint about him, how he wants to take revenge because of that incident

Advocate Shubham Aggarwal answered
The questions which you need to answer are:1. Whether the iron stair were erected / build in compliance of Building Bye Laws, if so, than nothing remains with respect to payments of fine. Primarily when you get a building plan approved before construction then the approved layout should include the stairs or if they are constructed/erected later on permission should have been sought with local authorities.2. What is the status of the complaint which you had filed with respect to noise and nuisance because of the factory. if the nuisance still pertains than legal remedies are available such as suit for permanent injunction or a writ in case no action have been taken in your complaints.After perusal of the relevant documents available with your good self with respect to the approved layout plans, any queries remains, then you can get in touch with us.Thanks!