Advocate Dheeraj Singh

Questions Answered by Advocate Dheeraj Singh (25+ answers)

Q: Senior citizen harassment by a resident

I am 73 years old having undergone open heart surgery and also having cervical and vertigo problem. I resident in our gated society repeatedly and deliberately parks his car too close to blocks entry to my car. Thus making it impossible for me to use my car in case of a medical or other emergency. Even the thoughts of a blocked car is enough to destroy my peace and/or raise my BP. What are the options for me. Thanks

Advocate Dheeraj Singh answered
Begin by lodging a written complaint with your Resident Welfare Association (RWA), including dates and signatures. If someone deliberately blocks your car, it may constitute “wrongful restraint” under Section 341 of the Indian Penal Code, so consider visiting your local police station to file a complaint. Provide evidence such as photographs, videos, or witness statements, and emphasize your age and medical condition to underscore the urgency. The police may register a General Diary (GD) or First Information Report (FIR) based on the severity and could attempt mediation to resolve the dispute.If these steps prove ineffective, you can serve a legal notice through a lawyer, demanding that the neighbor immediately stop obstructing your parking space, under threat of legal consequences. Repeated blocking could amount to a civil nuisance or harassment, allowing you to file a suit for an injunction in civil court, compelling them to refrain from such behavior. If you suffer tangible harm, such as missing medical appointments or incurring extra costs, you may claim compensation. You can also invoke provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, or seek assistance from local senior citizen helplines, which offer support against actions jeopardizing your well-being.

Q: Is rupees 20 Stamp paper agreement valid to do.

Hi,I met a person who does business in stock market 50% profit sharing. He said he is ready to do agreement on stamp paper which will say if there is a profit I will give him 50% profit and if there is a loss he will give me 50% loss amount. My question is that is it correct thing to do an 20 rupees stamp paper agreement of this type so that if I don't share profit with him he can file a case on me and if he don't give me the lost amount I can file a case on him.

Advocate Dheeraj Singh answered
Under Indian law, a 50-50 profit-and-loss sharing arrangement is permissible if it satisfies the requirements of a valid contract under the Indian Contract Act, 1872—offer, acceptance, lawful consideration, free consent, and lawful object. However, if this arrangement involves regulated activities like portfolio management, compliance with SEBI rules is vital.Stamp duty depends on state laws and the agreement’s value. While lower-value agreements may be executed on INR 20 or INR 50 stamp paper, substantial deals could require higher stamp duty. If insufficiently stamped, it may be inadmissible until deficiency and penalties are paid.To ensure enforceability, the agreement should define how profits and losses are calculated, payment frequency, and timelines. Breach of contract remedies are available: if one party fails to share profits or cover losses, the aggrieved party can file suit. Key clauses should address dispute resolution, termination, and jurisdiction. Notarization or witness signatures boost credibility.If the arrangement effectively constitutes portfolio management or advisory services, follow relevant SEBI guidelines. The more specific and clear the contract, the less room for conflict. A properly drafted and stamped agreement ensures enforceability and protects both parties’ interests. Consulting a legal professional can confirm stamp duty compliance and safeguard your rights.

Q: How to file a visitation petition without a lawyer

Background, my wife took the daughter and went to her parents and alienated me from her from past 8 months. Please let me know the steps to file visitation rights by myself.Q1: Can I file a petition in family court for visitation rights. Q2: Can I file it online in her city family court from my city Bangalore without going to her city?

Advocate Dheeraj Singh answered
Under Indian law, both parents have the right to seek custody and visitation of their minor child, prioritizing the child’s welfare above all else. If your spouse has removed your daughter and is denying you access, you can approach the court to secure an order granting you visitation. Relevant statutes include the Guardians and Wards Act, 1890 (GWA), which allows you to petition for guardianship or visitation rights, and the Hindu Minority and Guardianship Act, 1956 (HMGA), applicable if both parties are Hindus. Additionally, the Family Courts Act, 1984 directs that matters of custody, visitation, and maintenance be heard in specialized courts.Jurisdiction typically lies in the Family Court where the child ordinarily resides. In some instances, you could also file where you both last lived as husband and wife, although the practical approach is to file in the court that covers your child’s current residence. While certain courts in metropolitan areas offer online filing (e-filing), you will still need to choose the correct forum based on jurisdiction. Furthermore, despite being able to file electronically, personal or representative appearances in that specific court location may be required for mediation, hearings, and submission of original documents. If you file in a court lacking proper jurisdiction, the other party can object, causing unnecessary delays.

Q: On going 125 crpc cross examination

During husband's cross examination how severe it is if he can't mention the specific dates of events but tells the correct sequence of events? What if he goofed up on dates?

Advocate Dheeraj Singh answered
The following information is for general understanding and does not constitute legal advice. For advice tailored to your specific situation1. General Principle Under Indian LawIn cross-examination, discrepancies in a witness’s memory—such as not recalling exact dates—are not uncommon. The Indian Evidence Act, 1872 does not prescribe that every witness must remember precise dates, especially if the events in question happened long ago or if they were numerous in nature.

Q: My wife alienated me from my daughter

We are in divorce process where she left me 8 months ago and took the daughter with her. Can I send her notice for my visitation rights to talk to my daughter over video call?

Advocate Dheeraj Singh answered
you're seeking visitation rights for your daughter, particularly regarding communication over video calls, the first step would typically involve filing a petition in the Family Court. You can send a legal notice to your wife, requesting visitation rights, which can include arrangements for regular video calls with your daughter. Here's a basic outline of the steps you can take:Send a Legal Notice: You can send a notice to your wife, stating your intention to maintain contact with your daughter. This notice should:Mention your request for regular video calls with your daughter.Refer to the fact that you have been separated for 8 months and have not had contact with your daughter.Request a mutually agreeable schedule for video calls (you may specify a frequency and duration).File a Petition in Family Court: If your wife does not respond to the notice or refuses visitation rights, you can file a petition in the Family Court under Section 12 of the Guardians and Wards Act, 1890, or under the provisions of the Hindu Minority and Guardianship Act, 1956 (if applicable). This will allow you to legally request visitation or the right to communicate with your daughter.Consider Mediation: The court may suggest mediation to come to an amicable agreement regarding the visitation. During this process, you can request for video call visitation to be included as part of the agreement.Court Order: If the mediation does not yield a resolution, the court will hear both parties and make a ruling on the visitation rights. The court may grant you video call rights if it considers it in the best interests of the child.