Advocate Abdul Kaleem

Questions Answered by Advocate Abdul Kaleem (25+ answers)

Q: Suggest best way to get property with our much legal risk

My father and his brothers have a partition deed of the farm land which is ancestral. I have a sister and my self. Father has given some amount after selling a flat which he bought on his name using his salary.He wants to transfer the ancestral property to my name and along with that the house they live (this one is by WILL as it's his own bought by him). Please suggest best way to get the ancestral property on my name

Advocate Abdul Kaleem answered
Since there are two types of properties involved here (ancestral and self-acquired), the legal process will differ a bit for both. For the ancestral farmland: If there’s already a registered partition deed between your father and his brothers, then your father now owns his share as a separate co-parcener. Since this is ancestral property, technically, you and your sister also have a coparcenary right in that portion under Hindu Succession Act, especially after the 2005 amendment. So, your father cannot transfer ancestral property just like that without your sister’s no-objection or consent. The best and legally clean way would be: First, get your sister’s NOC (No Objection Certificate) stating she has no claim or objection in the transfer. Then, your father can execute a registered gift deed in your name for his share of the ancestral land. Make sure to register the gift deed at the sub-registrar office and pay applicable stamp duty. For the house (self-acquired): Since your father bought the house from his own earnings, he can transfer it to you in two ways: By Will: He can execute a clear, registered Will stating that the house should go to you after his lifetime. This doesn't need stamp duty. Or, if he wants to do it during his lifetime, he can gift it to you through a gift deed, which again has to be registered. Since you've already received some amount from the sale of another flat, that doesn't really affect your legal right unless your sister raises a claim in the future, so it's best to keep transparency with all family members. Lastly, please make sure all documents are legally drafted, registered, and backed by proper witness and identity proofs to avoid any disputes later.

Q: Refund of advance paid against the work

I have paid Rs 16000/- (2800+13200) through PhonePe on 13.5.25 for the work of Excel Cool Coating and Damp proof paint to Deecan Clap (India) PVT Ltd., Hyderabad. They are delaying the work. Hence I requested to refund the amount paid by me. They have not yet refunded the amount.

Advocate Abdul Kaleem answered
You've paid a decent amount of ₹16,000 and the service provider delays the work without valid reason. Since you’ve already tried asking for a refund and they’re not responding, you have full legal rights to take action. First of all, the payment proof via PhonePe (₹2800 + ₹13200) is your strong evidence that the transaction happened. You can issue a legal notice to Deccan Clap (India) Pvt. Ltd. through an advocate, demanding a refund within a reasonable time—usually 7 to 15 days. The notice should mention the payment details, purpose of work (cool coating & damp proof paint), date of payment (13-05-2025), and the fact that the work hasn’t started or is unreasonably delayed. If they still don’t respond or refund the money, you can file a consumer complaint under the Consumer Protection Act, 2019 for deficiency in service and unfair trade practices. The best part is that if your claim is below ₹5 lakh (which it is), you can file the complaint in the District Consumer Commission without needing to hire a lawyer—though legal assistance is still advisable to draft the complaint effectively. Also, if you want quick action, you can submit an online grievance at consumerhelplinedotgovdotin or use the NCH (National Consumer Helpline) app, and lodge the complaint digitally. Make sure to keep records of your payment screenshots, messages, and call logs as evidence of your efforts to resolve the issue before legal action.

Q: Withdrawing Cyber Crime Complaint

I had filed a cyber crime complaint a few months ago. the accused is willing to pay back the money and even pay extra compensation. can i accept this money and then withdraw the complaint? (only after he sends the money, i will withdraw complaint.) also, is it legal for me to ask him for compensation? if so, is there any limit on how much compensation i can ask for?

Advocate Abdul Kaleem answered
it is legal to accept the money back from the accused, including compensation, provided that it is a voluntary settlement from both sides. Indian criminal law does allow for compounding of certain offences, which basically means you can settle the matter out of court if both parties agree. But here’s the catch—you can’t “withdraw” a cyber crime complaint like you do a civil case. Once a cyber crime complaint is lodged and an FIR is registered (if it has been), it becomes a matter between the State and the accused. However, what you can do is submit a compromise petition or a settlement affidavit before the court or the police (depending on the stage of the case), stating that you’ve been compensated and no longer wish to pursue the matter. Now, about asking for compensation—legally, there's no fixed “cap” or upper limit unless it’s being decided by a court under a specific Act. But practically, the compensation amount should be reasonable and proportionate to the loss, trauma, or hardship caused. For example, if your original loss was ₹50,000, asking ₹5 lakh as compensation might raise eyebrows and affect the fairness of the settlement. Also, it’s wise to accept the money first, as you said, and only then submit the compromise. Just make sure you record everything properly—like getting a signed settlement agreement, payment receipts, and if possible, notarize it or involve a lawyer, just to stay safe in case anything goes sideways later. If the case is already in court, the final say will rest with the magistrate, especially if the offence is non-compoundable (like serious cyber threats or hacking). But in minor financial fraud or cheating cases under the IT Act or IPC Section 420, courts often allow settlements when the victim is fully compensated. To wrap up—yes, you can settle, you can ask for compensation, and it’s best to document everything clearly to avoid future trouble. Just make sure the compensation is fair and the accused isn’t under pressure.

Q: Can I take legal action for emotional betrayal in a relationship?

I was in a long-term serious relationship since 2020. She proposed first, promised marriage, and we even stayed together on trips and hostels. I supported her emotionally and financially. But now she's backing off due to parental pressure, after years of commitment. I have chat proofs, trip photos, and witnesses. Can I send a legal notice for mental harassment or breach of trust? What are my rights?

Advocate Abdul Kaleem answered
based on the facts you've shared, you may have valid legal grounds to send a legal notice for mental harassment, breach of promise to marry, and financial exploitation. Indian law provides certain remedies in cases where one party has suffered emotional, psychological, and financial harm due to prolonged false promises in a relationship.Courts in India have recognized that false promises of marriage, especially when followed by physical intimacy or cohabitation, can amount to cheating under Section 415 and 417 of the Indian Penal Code (IPC). If you can prove that her consent to physical proximity or financial assistance was obtained under a false promise of marriage, you may have grounds to initiate criminal proceedings.Prolonged emotional involvement, followed by sudden withdrawal due to parental pressure, especially after financial and emotional investment, can be construed as mental harassment. While Indian criminal law does not explicitly define “mental harassment” outside of workplace or domestic settings, civil law provides scope for claiming compensation for emotional trauma through a civil suit under tort law.If you have evidence that you financially supported her under the genuine belief of a committed relationship or future marriage, and it was one-sided or misused, you may file a recovery suit under the Indian Contract Act or tort law for unjust enrichment.A well-drafted legal notice can be sent demanding a response, seeking clarification or compensation, and cautioning against further mental harassment.You already have chat records, trip photos, and witnesses, which are crucial admissible evidence in both civil and criminal proceedings.Send a legal notice for mental harassment, breach of trust, and financial exploitation.File a police complaint for cheating under Sections 415/417 IPC, if there was inducement or manipulation.Initiate a civil suit for recovery of financial losses and emotional damages.If defamed or manipulated publicly, file a complaint for defamation under Section 499 IPC.it is advisable to proceed sensitively and consult a practicing advocate specialized in relationship and personal law disputes. Legal recourse should ideally be used for resolution or rightful redressal, not retaliation.

Q: Return of documents from college

I am a btech student i want to discontinue my college in my 1st year my college is not giving certificates back to me instead they r saying to pay whole 4 years fee

Advocate Abdul Kaleem answered
You are well within your legal rights to discontinue your B.Tech course in the first year, and the college's demand for payment of the entire 4-year tuition fee is not only arbitrary but also legally unsustainable.As per multiple judicial precedents, including the judgment in Islamic Academy of Education v. State of Karnataka (2003) and P.A. Inamdar v. State of Maharashtra (2005), educational institutions cannot compel students to pay fees for services they have not availed. The doctrine of unjust enrichment prohibits colleges from collecting future fees if the student discontinues the course voluntarily.Furthermore, the University Grants Commission (UGC) and All India Council for Technical Education (AICTE) have repeatedly emphasized that original certificates such as Transfer Certificate, SSC, Intermediate marks memo, and other academic records are the property of the student. Withholding them is a violation of Article 21 of the Constitution of India (Right to Life, which includes the right to education and dignity).Legal remedies available to you:1. Issue a legal notice to the institution under appropriate provisions of the Indian Contract Act, 1872, and Education Laws, demanding immediate return of your certificates without coercion for future fees.2. File a complaint before the District Education Officer (DEO) and the affiliated University Grievance Redressal Cell.3. Approach the State Consumer Disputes Redressal Commission or District Forum, as this is a clear case of deficiency in service and unfair trade practice under the Consumer Protection Act, 2019.4. If necessary, file a writ petition under Article 226 of the Constitution in the concerned High Court for the enforcement of your fundamental rights.It is strongly advised to consult an advocate experienced in Education and Consumer Law to initiate legal steps that ensure the prompt release of your documents and protect your rights against such illegal practices.