Advocate Amit Sharma

Questions Answered by Advocate Amit Sharma (25+ answers)

Q: GPA made in Haryana for Bangalore Property

Property in Bangalore in the name of Mother - can a GPA be made in name of son in Haryana - so he can go and sign on sale deed of property in Bangalore. as Mother is old

Advocate Amit Sharma answered
Yes GPA in blood relation is allowed in Haryana..your mother can appoint you as her GPA and it can be registered in Haryana..No GPA other than in blood relation can be registered in Haryana..It was curtailed due to forgery in the name of GPA

Q: Section 403 and 415 cited against non payment of dues

After relocating for work, I initially registered my rented room's address in order to get salary account opened as mandate. Later, after job loss, I moved to a new place but faced layoff again this year. Struggling to pay my loan EMIs, I informed the lender. Recently, I received a threatening WhatsApp message citing IPC sections 403 and 415 against me for non-payment and be ready.

Advocate Amit Sharma answered
You do not worry..both the sections are bailable and even if an FIR under these section registers against you, you will get police bail from police station only. Secondly this is a civil matter so it’s not easy for lender to get registered the FIR. Yes you must be ready for civil court action that can be for recovery.

Q: Assistance needed in Divorce Proceedings from a Husband stand point

Would like to seek your advice in sending the Divorce notice to the wife. She is been at her maternal place since 9th july. She has taken all her clothes and belongs which were given to her at the time of the marraige. What all right does she have in husband's property. The marraige is 9 months old and she is 3 months pregnant. Both the parties involved in the marraige are Hindu.

Advocate Amit Sharma answered
You have 3 options:1. Restoration of conjugal rights( marriage)2. Mutual divorce 3. Contested divorce For opting divorce ,separation of atleast 1 year is mandatory which is not there in your case.She has right of maintenance on monthly basis or one time settlement against marriage expenses for divorce..She does not have any right in your propertyIn case of any other query you can contact me on nominal chargeable basis

Q: Disposal of Case Property Post Quashing of the FIR

The FIR and all subsequent proceedings arising from that, having been quashed by the high court - the trial court disposed off the case accordingly, but mentioned nothing about the case porperty - a car that was confiscated during investigation.The said FIR does not detail any confiscated property as the seizure took place at a later date.Q: Can I apply directly for securing posession of the car and whom should I address the application to OR do I have to be represented by a lawyer?

Advocate Amit Sharma answered
You will have to move an application of superdari in the concerned court. The court will give direction to the SHO of the concerned police station to release the vehicle on superdari. You need not to give any surety bond to the police station as FIR has already been quashed..

Q: Separated since 8 years, can it be considered automatic divorce after long separation in india ?

Hi, I am separated from my spouse and living alone for the last 8 years. My child is with me, and I now want to move on in life.

Do I need to legally file for divorce, or is this situation considered as automatic divorce after long separation in India? I have heard that if a husband and wife are not living together for 2 years, it leads to automatic divorce in India. Is this true or false?

Please advise me on how many years of separation is equal to divorce in India and whether my case qualifies.

Advocate Amit Sharma answered
No, separation alone does not lead to automatic divorce. You must file a divorce petition in the family court of your district. If your husband agrees, you can apply for mutual divorce. If he refuses, you can file for divorce under Section 13a Hindu Marriage Act based on grounds like desertion or cruelty.

Since you have been separated for 7 years, it strengthens your case for divorce. Also, as you are already living with your son, getting child custody should not be a problem.