Advocate Akshay Kumar

Questions Answered by Advocate Akshay Kumar (25+ answers)

Q: Notraized Wil Probate Case witness statements related

During the cross-examination, some statements have come up for which advice needs to be taken, which are these --> I had signed as a witness on the said Will. At this stage the witness is shown the original Will and has been asked about his signatures over it. On which the witness states that same does not bear his signatures, however, my name is written in my own handwriting.

Advocate Akshay Kumar answered
Under the Indian Succession Act and the Transfer of Property Act, a Will must be attested by at least two witnesses who have signed in the presence of the testator. Mere writing of one’s name does not constitute valid attestation — a proper signature or mark with attestation intent is required.

Q: Injuction order and stay required against UDRP order to transfer domai

We require urgent legal assistance for a domain dispute under UDRP. Our domain, registered via an Indian registrar, is ordered for transfer despite long-term good faith use linked to our registered company. We are a small business, while the opposing party is a large conglomerate. The domain is critical for email and operations. We seek to file an interim injunction in India to stop transfer and maintain status quo within strict timelines.

Advocate Akshay Kumar answered
Under UDRP rules, a domain transfer order can be stopped if you file a civil suit in India before the registrar executes the transfer. Indian courts have jurisdiction because the domain is registered through an Indian registrar and your business operates in India. Courts routinely grant interim injunctions to protect long-standing bona fide users, especially when the domain is essential for email and business continuity.You may file a Title Suit for Declaration and Permanent Injunction before the District Court/High Court (depending on valuation) seeking: 1. A declaration of your prior and legitimate use of the domain connected to your registered business; 2. A stay order restraining the registrar from transferring the domain despite the UDRP decision; 3. Direction to maintain status quo until final disposal.Indian courts have previously held that UDRP decisions are not binding on Indian courts (e.g., Satyam Infoway Ltd. v. Sifynet Solutions). If you show long-term good faith use and risk of business disruption, an urgent ad-interim injunction can be obtained.Act quickly, as registrars typically implement UDRP transfer orders within strict timelines. Filing a suit and presenting the court order to the registrar will legally halt the transfer.

Q: isit good to put 340CrpC before frame of charges on IO complanaint 498

is it good to put 340CrpC application before frame of charges on IO and complainant , when for same allegation cross has been done DV case and that cross is on record ?will the judge will decide the 340 first before frame of charge ? IO did not move out of police station and made the chargesheet without any investigation and none of the incident is from Delhi state

Advocate Akshay Kumar answered
Filing a 340 CrPC application is allowed, but the court usually will not decide it before framing charges. Courts first check whether there is enough material to frame charges, and only later look into perjury (lying in court).Even if the DV case cross-examination shows contradictions, the judge will still continue with the normal process of framing charges. A 340 application does not stop the case.If the IO filed the chargesheet without investigation, you should raise this point in your discharge application. That is the correct stage to show that the case is false or poorly investigated.So, filing the 340 application won’t hurt you, but it will most likely be decided after the charges are framed or during trial—not before.

Q: Illegal Demand: Sub-Station cable laying, Pratikar, maintenance Charge

Bought flat at Beetle Lap (Yamuna Expressway) in 2016. Made all payments & registry done. Have 3 issues: Builder asking additional money : a) Sub Station Electric cable laying cost b) Pratikar Charges c) Got physical possession of flat in Feb25, but maintenance charges they are asking from 10 months back. As per me and clauses mention in BBA, I should no pay it. I have already cleared all builder payment in 2022 including registry stamp paper cost.

Advocate Akshay Kumar answered
The charges being demanded by the builder appear legally unsustainable unless they are specifically mentioned in your Builder Buyer Agreement (BBA). Under UP-RERA, a builder cannot ask for any amount beyond what is contractually agreed.

Q: Seeking Child Visitation & Welfare Review Post-Coerced Settlement

I seek legal help to regain visitation for my daughter (born 2019). My 2024 mutual divorce "no-visitation" clause was signed under extreme coercion and mental trauma. My ex-wife’s lawyer (a relative) pressured me to waive rights. Currently, they have moved to an unknown location. I am deeply concerned for my child’s safety, as relatives report a toxic, paranoid environment and psychological neglect. I also need to protect her Sukanya Samriddhi funds. How can I challenge the decree

Advocate Akshay Kumar answered
A “no-visitation” clause in a mutual consent divorce can be challenged if it was signed under coercion, undue influence, or mental trauma. Under Section 13B(2) of the Hindu Marriage Act, consent in MCD must be free and voluntary. If consent was not genuine, the decree can be set aside.