Advocate Bikas Agarwal

Questions Answered by Advocate Bikas Agarwal

Q: Property claim from husband does not have inherited property or his

Domestic violence and mental harassment physical abuse.My husband does not have inherited property or his own. His father has a property.How can I claim his property?

Advocate Bikas Agarwal answered
Without having any property in the name of your husband, you cannot claim share in the property. It is better to understand that even if your husband is having any property in his name, you cannot claim share in the said property during the lifetime of your husband. you can at best claim for maintenance and permanent alimony.

Q: Wife makes husband sign mutual divorce agreement forcefully

my wife & their family has forcefully signed me the agreement of mutual divorce with an aluminiy of Rs 350000, to tortured us & already took Rs 12 lakhs & I am incapable of paying the rest of the amount. what if I do not go for next hearing date in the court.

Advocate Bikas Agarwal answered
First thing is that if you are appearing in the court through an engaged counsel then better to take his advice. If you have not engaged any lawyer to conduct the case then I will advice you to engage a lawyer and discuss all the matter with him. As you are appearing in the court, I don't find it to be appropriate to give my opinion, without knowing all the facts of the case.

Q: Clarification on case against minor boy for assault

Does he will get punished by court.he is a minor,age is 17.He punch me in my head with knuckle wearing in his hand.i has got 8-10 stiches in my head.and for self defence i also punch him with my hand.so now what action will be taken against him.

Advocate Bikas Agarwal answered
First you file FIR against the boy. He will be punished by the court if found guilty. If you will delay in lodging the FIR, then your case may become weak. As he is minor, so Juvenile Court will proceed with the matter.

Q: Clarification on rights of POA holder after principal's death

POA was given for sale of property by Principal to near blood relative (who is also one of the legal heirs). After death of Principal can POA holder be able to sell the property legally or the property should revert automatically to all the legal heirs (or will if available). Also please please enlighten me on the legal heirs rights in the correct order - children / parents / siblings etc in percentage etc.

Advocate Bikas Agarwal answered
No, after the death of the executor, the Power of Attorney Holder is having no right and authority to act upon the Power of Attorney given to him during the life time of the executor. The rights given under the Power of Attorney survives till the life time of the executor, unless it is not revoked earlier. Moreover, after the death of the executor, his property will devolves equally to his legal heirs. All the first class legal heirs shall get equal rights into the property of the deceased.

Q: Procedure for getting celibacy certificate in Qatar

I am an NRI and i am getting married to a Romanian girl. The Romanian embassy here is asking for a Celibacy Certificate.How can i get the certificate here in Qatar or can some lawyer in India can help me get it.Thank you

Advocate Bikas Agarwal answered
You can apply for the Celibacy Certificate Online. In India, in order to save time and unnecessary hassle for NRI's, the provision has been made to get the Celibacy Certificate online at the S2NRI's web portal.