Advocate Vivek Mapara

Questions Answered by Advocate Vivek Mapara

Q: Father's properties dispute -can brother sale without my concent

my father passed away last year without any will, now my brother planing to sale properties without my consent , can you advice without my permission they can sale ,,, or still my mother alive ,, my brother can transfer proprieties on her name and can sale it ,, as i am not in country and settle out side

Advocate Vivek Mapara answered
SirUnder the Hindu law, if any person dies intestate (without will) then the estate of the deceased would be inherited by all its legal heirs jointly which includes (wife, son, daughter).So here, since your father expired intestate, his entire estate, would be inherited equally between you, your brother, and your mother. So the said property cannot be sold by your brother or be got transferred in his name. You have equal right in such property and you are a deemed co-owner (or in legal terms a tenant - in - common). So, now if you apprehend that your brother is going to embazel the property, then you have remedy to file a suit for partition and get your share separated from the estate and till the time such share is determined, you can seek injunction over the property, so any fraud transfers are not effected. I hope the above satisfied your query aptly. If you have any further quesetion, then do not hesitate to contact please.

Q: fir against pi

Can't register my fir at a time after giving all evidence pi support and finally it is file after 6 month. Now I want to do fir against pi I have all evidence. Please help me.

Advocate Vivek Mapara answered
Dear SIrPlease provide complete facts. You mentioned your FIR is already registered, Now you want to register another FIR against PI. Why you want to lodge fir against PI, what is the offence against PI. Is it a new FIR, or in the same FIR. Please provide facts

Q: fir against pi

Can't register my fir at a time after giving all evidence pi support and finally it is file after 6 month. Now I want to do fir against pi I have all evidence. Please help me.

Advocate Vivek Mapara answered
Dear SIrPlease provide complete facts. You mentioned your FIR is already registered, Now you want to register another FIR against PI. Why you want to lodge fir against PI, what is the offence against PI. Is it a new FIR, or in the same FIR. Please provide facts

Q: Boy gives fake promise to marry to have physical relation with girl

A boy had been promising me to marry from past 8 months. Everyday he used to say and plan with me his future. He came to meet me to my city and booked a hotel room there. We didn't have sex but yes, he did get I intimate with me. Afterwards when I asked him to talk to my parents, he denied. He removed me from all social media sites. I tried asking him to which he replied that "I'll tell yu at proper time". Now I feel betrayed each day. I can't live keeping in mind that I went intimate with someone I won't hav a future with. Is there any way I can Lodge a complaint against him under any section?

Advocate Vivek Mapara answered
Having physical relation on the fake promise of marriage amount to rape. You can file Complaint of Rape against the BOY under 376 of IPC. You can approach women cell police station of your zone and get the complaint register. Should you need any assistance then feel free to contact

Q: FIR against son for misbehaving with police

My son along with 2 others caught driving scooter in 3. Rs 50 Fined and receipt collected. As my son asks a question to ASI asking why you didn't have name plate? He started questioning are you my father to ask me my name and tend them to nearby police station and almost 10 to 15 police men chastised them. ASI filed and FIR with IPC 332, 323, 186, 504 and 114. Next day they bailed from police station. Same day in presence of me and PSI he confessed they have not anything except asking his name. After 2 days, the ASI realized his mistake and accepts against me that none of them even did mischief with him, but as the FIR is filed, only court will decide. I don't know what to do in this matter. And he will fully support there. He is retired now.

Advocate Vivek Mapara answered
SirI need to see the entire FIR, since this is a bit complicated. As i understand here Police Officer will be the complainant, so being a public servant, he cannot give consent for quashing of the FIR. So in this event, Consent Quashing perhaps willl not be possible. However, if the charges are vague, then you can still file Quashing in High Court based on the ground that no cause is made out. So unless FIR is seen i cannot advise you the way out. Provide papers so can assist you accordingly