Advocate Ashutosh Patel

Questions Answered by Advocate Ashutosh Patel

Q: Maternal Uncle asking for property which is on my mother's name

1. Property is on my mother name, my mother got expired in 2020.2. my maternal uncle taken aapati that property should be transferred to him instead my mother's legal heir which are me & my sisters.

Advocate Ashutosh Patel answered
That cannot be done as the property was in ur mothers name and u are the legal heirs. Have u completed the mutation process, if not do it as soon as possible . Is the matter taken before the court let me know .Contact me for any help

Q: Reg. service agreement in place with the company and me

I broke a service agreement with a private company. The company is asking me to pay the bond penalty of Rupees One lakh. Do I need to pay the bond amount?

Advocate Ashutosh Patel answered
No u can challenge it under section 27 of Indian contract act ,as per section 27 any terms and conditions of an agreement which directly or indirectly compels the employee to serve the employer or puts a restriction on them joining other employer is not valid under indian law. The employee has a right to resign even if he has agreed in the employment bond to serve the employer for a specific period of time. The court shall also not grant injuction against u if u join any other employer unless there is a possibility of leaking trade secrets to other employer. Contact me for further help .

Q: Question about judgement pronounced by CAT tribunal

Dear learned membersIf the decision of the CAT tribunal does not mention timeline for complying with the order, how we can request the court to consider including timeline. Also, will it be ok if in the same application, we request the tribunal to review its decision on cost and compensation relief sought in the OA. Thanks.

Advocate Ashutosh Patel answered
File a review application asking the court to give direction for complying the order passed by it within a stipulated time to the authorities /department concerned .Yes u can pray for compensation and costs also.

Q: toxic father(55) and his toxic family

i am a girl (21) belong to a muslim family. my father and his toxic family are abusing my mother and us three siblings. they have a history of abusing women who are wed to this khaandaan. they have been snatching financial freedom from all the women in this family. my aunts are watchdogs of misogyny and patriarchy in our house. my mother (40) is very disturbed. My aunt has brainwashed my father enough that yesterday he said he is going to wed me soon and he will not let me study.

Advocate Ashutosh Patel answered
Let me know exactly what legal help u want ,there are provisions in law for the safety of Women including filling of FIR and also under Domestic violence act . If u and ur mother want to take action then can avail these provisions. Also if u don't want to marry and wish to continue ur studies also u can take help. Contact me for further help

Q: For getting residential flat vaccated

I ( 71yrs old)purchased a residential two bed room flat in 1986 and got it registered against my name.During 2002 verbally allowed one of my close relation on his request to stay there without any consideration/ rent. He has expired 3 months back leaving behind his widow only.Nowl requested his widow to vacate the flat but she is reluctant to vacant the same.Now what remedy is available to me.

Advocate Ashutosh Patel answered
You can get her evicted from the flat as she does not possess any legal right to remain ,there is no title of her over the property File a case under section 6 of Specific relief act for illegal possession of property ,this is a summary proceeding which gets over in 6 months .As she has no title /Documents the court will pass a decree in ur favour and dispossessed her .Contact me for any help.