Advocate Aminuddin Khan

Questions Answered by Advocate Aminuddin Khan (25+ answers)

Q: Devloper writ petition in the high court against kmc and sebaits.

My name is included in the writ just bec i m a legal successor and as per trust deed sebaits goes hereditary. But i have never accepted the sebait. Kmc don't have my records no mutations nothing. My late father along with two current sebaits filled litigation in civil court so developer says due to this tax got delayed. What will happen if i don't do anything. I live in kanpur and don't operate trust account neither have any knowledge. Will kmc seize my personal accounts.

Advocate Aminuddin Khan answered
Since you have never accepted the shebaitship and your name is not registered in the Kolkata Municipal Corporation (KMC) records, you cannot be held personally liable, and KMC has no legal authority to seize your personal bank accounts for the trust's tax delays. However, staying entirely inactive is not advisable, as it could result in an ex-parte adverse order being passed against you in the writ petition. The safest course of action is to engage an advocate at the High Court to enter an appearance and file a short affidavit stating that you reside in Kanpur, have never operated the trust accounts, and have no involvement with the property, thereby requesting the court to discharge or delete your name from the proceedings.

Q: False marriage promise, Breach of Trust and Deceitful Inducement

In January 2023, the guy gave a "Marriage Surety" to me, confirming our families were "sorted." Based solely on this 17-year family bond and his commitment to marry me, I gave him my absolute trust and my dignity and visited many places. We were intimate only because he formally pledged his life to mine. While claiming "work stress" to avoid me, Varun was leading a double life. His ID-Verified Bumble profile shows he was active on dating apps in the same month he gave the marriage promise.

Advocate Aminuddin Khan answered
If a person establishes a physical relationship on the false promise of marriage without any real intention to marry from the beginning, it may amount to cheating or other criminal offences under law. If you have evidence such as the “Marriage Surety,” chats, or proof of his activity on dating apps, you may file a complaint with the local police. It is advisable to consult a lawyer to take appropriate legal action based on the available evidence.

Q: Obtaining legal heir certificate in absence of death certificate

My father died in 1960. I don't have death certificate or any other documents relating to my father's death, also i dont have any identity card of my father. I want to obtain warisan certificate/ legal heir certificate to claim my father's property. Yes I do have original purchase deed of the property in my father's name, RS copy. Property situated in west bengal. Please suggest

Advocate Aminuddin Khan answered
Since your father died long ago and you do not have a death certificate, you may first apply for a delayed death certificate from the local Municipality/Panchayat where the death occurred. If the record is not available, you can approach the local court and obtain a declaration of death through an affidavit and supporting witness statements.After obtaining proof of death, you can apply for a Legal Heir / Warisan Certificate before the competent authority (such as the local Tehsildar/BDO or Civil Court) in West Bengal by submitting available documents like the original purchase deed, RS record, and proof of relationship.It is advisable to consult a local lawyer to assist you with the court application and documentation process.

Q: Is living relationship loyal ?

I am a 45 years lady.awaiting divorcee.seperated frommy husband till 3 years.now I live with my boyfriend in my uncle flat.is it legal or not?

Advocate Aminuddin Khan answered
Since you are living separately from your husband and the divorce case is still pending, living with another adult by mutual consent is generally not illegal. However, as the divorce is not yet finalized, your husband may raise this issue in the divorce proceedings. Therefore, it is advisable to consult your lawyer regarding any possible impact on your case.

Q: Extra marital affair related diapure

I have an extra marital affair with a married person for the last 3 years.it was a love relationship as well as physical relationship. My partner promised me that he will not leave me in case his wife gets to know about it. He will always keep contact with me. Last month his wife got to know about this relationship and after that my partner is totally changed. He is ghosting me totally. He is saying he will not continue anything and he will stay with his family. What steps I can take against him

Advocate Aminuddin Khan answered
In India, a consensual extramarital relationship between adults is not a criminal offence after the decision of the Joseph Shine v. Union of India, which decriminalized adultery. Therefore, you generally cannot take criminal action simply because the person ended the relationship.Unless there is clear evidence of cheating, fraud, coercion, or exploitation, the law usually does not provide a remedy for ending such a personal relationship. You may consider focusing on personal closure rather than legal action.If you believe you were deceived with a false promise causing financial or other serious harm, you may consult a lawyer to examine whether any civil or criminal remedy could apply based on the specific facts.