Advocate Vibhor Gupta

Questions Answered by Advocate Vibhor Gupta

Q: Had to pay loan being a guarantor for a loan taken by a friend.

Hi,My father had become a guarantor for a family friend's son a few years back when he took a loan of around Rs. 19000. My father simply thought of the friend and had signed up to become the guarantor for him. At the time of paying the EMIs, he refused to pay the loan even though he had sufficient assets to pay up. The financier had sent a legal notice to my father that he will have to pay the entire amount. Being a govt. employee he had to pay the entire amount as was deducted from his salary. Is there any way, we can file charges against that person or financier who had taken the loan?

Advocate Vibhor Gupta answered
Yes,You may file a Summary suit against the borrower and recovery your money via court. He is bound aas per law under Indian Contract Act to repay the guarantor who has incurred liabilities which the borrower was suppose to discharge.Regards

Q: Booked a flat but construction has not been started yet

I have booked flat in September 2010 and possession date was march 2012 but till today neither possession is given nor any construction has been started. I have given all demanded money within year 2012 and residing in rented accommodation. kindly advise how much time it will take in consumer court and what will be expenses ? 

Advocate Vibhor Gupta answered
HEllo,This is a gross violation on part of the Builder. He is liable to compensate your either in terms of money with interest @ 18%. or he is liable to allot you a flat in the booked premises or another alternative is to be arranged.Depending upon the amount of the flat , the court expenses will be determined.RegardsVibhor

Q: Both agree for mutual divorce but family is not agreeing what to do?

Both parties agree upon mutual settlement of divorce within 20 days. Of marraige. But now girl side people are deferring the matter since 2 years. What is the remedy available legally for boy ??

Advocate Vibhor Gupta answered
The only person who you require to convince is your wife. In case that fails you may file for a divorce under hma if Hindu.there are no other options but to contest as to why the marriage should be dissolved .questions such as marriage has been consummated or not will have to be answered

Q: We entered into an agreement to avoid divorce what is my legal status

My wife did a 498a case against me and my family in 2006. In 2008, We entered into an agreement in Highcourt Allahabad just to get out of this mess. In agreement it was written that "They will continue to live separately without seeking divorce in greater interest in their child..." in next para it is written that "They will continue to live separately till they themselves decide otherwise." There is no time limit defined. I am paying money every month as per agreement. How this agreement is enforceable as per HMA. What is my legal status ?

Advocate Vibhor Gupta answered
if at any point you feel that the wife has violated the agreement entered , you may call upon contempt proceedings against the wife for violation of the Agreement . Provided that the Agreement has been entered has been submitted before Hon'ble Allahabad High Court.

Q: Can I file dowry & divorce case after 12 years of marriage

Hi, A Friend of mine is married for 12 years and have son aged 11. At the time of fixing marriage, lot of lies were told to the girl's family like the groom is an engineer and owns couple of trucks but post marriage the girl got to know the truth that her husband is jobless and just sits at home and DRINKS and there were no sign of any trucks. When asked, the boy's family said that due to financial problem they sold all trucks. Can she file for a dowry and divorce now. Her father in law says she can't as he himself is a lawyer and her sister in law runs a newspaper agency. Please guide

Advocate Vibhor Gupta answered
The fact that marriage is more than one year old and there are certain problems are stated above. She may have a good ground for divorce. But one will have to substantiate a lot more on the basis of evidence. The aforesaid lies will make your case stronger. What needs to be tackled is the latest instances of distress etc which will give rise to cause of action for divorce. Regards