Advocate Abhishek Kumar

Questions Answered by Advocate Abhishek Kumar (25+ answers)

Q: Property in municipality case in EWS certificate

Sir kripya ye bataye zameen jispe muqadama chal rha kya wo ews criteria me joda jayegaBainama ki zameen pe bhi muqadama haiKripya jawab de

Advocate Abhishek Kumar answered
Zameen jispar muqadma chal raha ho ya jiska malikana adhikar kisi kanooni vivad mein ho usay EWS property criteria mein directly nahi joda ja sakta jab tak uska dispute clear na ho jaye. Sarkari ya kisi bhi verification authority ke liye aisi property jiska ownership clear nahi hota wo legally problematic mani jati hai. Agar aapke paas bainama hai aur us zameen par bhi case chal raha hai toh bhi us property ka status legally disputed hi rahega jab tak court ya competent authority ka final decision na ho. Is wajah se aise property ko EWS criteria ke calculation mein include karna risky hoga, aur aapka EWS certificate reject bhi ho sakta hai agar is par objection aaya to.

Q: Legal and other general steps...........

A mother 95 year of age inherent property from son after his instate death now she is in influence of her other childrens( one of them she is living with) not to execute anything like release or not even will so tht property would be shared with them after her instate death wht r legal remedy for this this..asked them many time from her to execute she say will do it before her death but from circumstances it seems she is in influence..wht steps can we take to secure ourselves ?

Advocate Abhishek Kumar answered
Hello, I’ve gone through your query and completely understand the sensitive nature of the situation you're dealing with. It’s always difficult when legal rights get entangled with family dynamics, especially involving elderly parents and property matters. Before I can guide you properly and suggest the most effective steps to protect your interests, I just need a small clarification. May I kindly ask as to what is your exact relationship with the 95 year old mother mentioned in the query? Are you her grandchild (i.e., child of her deceased son), or are you also one of her children? This detail is quite important because the legal remedies, inheritance rights, and available strategies may slightly differ depending on your position as a legal heir. I don’t want to assume anything without being sure, since your rightful claim and the nature of steps you can take depend on this relationship. Once you confirm this, I’ll be in a better position to help you understand what can be done, whether during her lifetime or after. Please feel free to get in touch, and we can take it forward step by step. I’ll ensure your concerns are addressed in the most practical and legally secure way possible. Looking forward to your response.

Q: issue in my mother name becaus is diffrent in my education and her doc

My mother name mention as jai shree in my educational document(10th -12th), but actual name maya devi in her document. so which document required in future for govt. job and for passport/visa if I used correct name as Maya devi.your support is very helpful for my futureThank you

Advocate Abhishek Kumar answered
Hi, this kind of mismatch in your mother’s name across documents can cause issues in government job verification, passport, visa, and other official processes. The name “Jai Shree” in your educational documents and “Maya Devi” in her official ID/documents creates a discrepancy that authorities might not accept without proper clarification. To avoid problems in the future, you may need to get an affidavit made explaining that both names refer to the same person i.e., your mother. Along with that, you might also have to publish a newspaper notice or get it notarized depending on where and for what purpose you're applying. For passport and visa, the authorities may ask for a proper declaration and supporting documents that connect the two names clearly. For government jobs, document verification officers often raise objections if such discrepancies aren’t clarified in advance. It's better to resolve this now rather than face rejection or delays later. There are proper legal ways to fix or clarify such mismatches, but the exact route depends on the department you're dealing with and the stage of the application. I can guide you step-by-step with the required affidavit format and what to do next. Feel free to get in touch for that.

Q: Question regarding RTI filing and its rules

I filed RTI to DELHI POLICE and MCD to get Date wise records of my all complaints, ATR & Enquiry reports which i made to them from previous 2 years.So my questions is : Can I get those Date wise record, ATR and Enquiry reports of my all complaints through RTI to them?? Sometimes their PIO and FAA doesn't reply properly in RTI if i ask them that why you didn't took proper action.

Advocate Abhishek Kumar answered
Hi, yes, under the RTI Act, you do have the right to seek copies of your previous complaints, ATRs (Action Taken Reports), and enquiry records from both Delhi Police and MCD. However, RTI is meant to seek information that is already on record, it is not meant for questioning why a particular action wasn’t taken or to seek opinions or justifications. That’s probably why you're not getting proper responses when you ask “why action wasn’t taken.” If the PIO or FAA are not replying properly or delaying, there are remedies available, including filing a second appeal with the Central Information Commission (CIC). But before that, it’s important to frame your RTI queries correctly, focused on documents and records, not on explanations or accountability questions. The way your application is worded makes a huge difference in getting a proper response. I’d suggest reviewing your RTI content and possibly rewording it to fit within the legal scope of the Act. If you're still facing issues, further action is definitely possible but that depends on the reply status, timelines, and the language used. You can connect with me to get your RTI draft reviewed or to plan your next legal step effectively.

Q: Section 204 (2) CrPC is confuse me

My complaint specify name of witness. Judge question witnesses. Section 204 (2) CrPC is confuse me. Why court asking again.

Advocate Abhishek Kumar answered
Hi, I understand your concern. Even if you’ve already mentioned the witnesses in your complaint, the court can still ask for them again under Section 204(2) CrPC before issuing process. This is because, at that stage, the court is only trying to satisfy itself whether there is sufficient ground to proceed. The court may ask for a brief examination of the witnesses listed by you to ensure that your complaint is not baseless or frivolous. This is just a procedural step and doesn’t mean your complaint is being doubted. Courts usually do this to avoid unnecessary harassment to the accused in false cases. It's a standard requirement and nothing to worry about. You just need to produce the witnesses for a brief examination, and after that the process can be issued. But yes, if the judge is insisting too much even when the complaint is clear, or if you're unsure about how to respond or what to do next, it's important to handle it properly. There could be a technical reason that’s not immediately visible. To avoid any mistake at this stage, feel free to contact me. I’ll help you understand what exactly the judge is expecting and how you should move forward.