Advocate Diksha Singh Dhakre

Questions Answered by Advocate Diksha Singh Dhakre

Q: Legality of Arya samaj marriage with foreign national

Hi, I am jain and I would like to marry a phillipines national Christian lady. I got advice by a advocate from tiz hari court in delhi that I can marry her through Arya Samaj marriage where the lady has to convert to Hinduism and I can get a marriage certificate within 1 week. I want to check how valid the certificate will be. Also me and the lady both are working in UAE and will the conversion of the lady will affect her work visa in Dubai.

Advocate Diksha Singh Dhakre answered
Deararya samaj marriages are legally valid amongst hindus. i.e. only hindus within the the definition of hindu under hindu marriage act can marry through arya samaj. therefore without conversion , the marriage cannot be solemenised among people of different religions. however, as a Matter of precaution while conversion do get the conversion published in any newspaper. this makes the registration process easier as the doubt of sham marriage is removed. the conversion is also done by arya samaji priest.

Q: Non payment of Royalty and cheque bounce by Publications

I am an author of two books published by Publications in the year 2011 and 2012. They have been harassing me since beginning by not paying royalty on time. I signed the contract in year 2011 and I've been getting royalty based on 15% of MRP for each copy sold. But every year the royalty gets delayed by more than one year....This year they paid the royalty in the cheque that got bounced...and no action was taken.....I want them to give me royalty of year 2015-2016..the cheque of which got bounced...and the royalty of 2016-2017 which should have been given to me by 1st May 2017 as per contract (within a month of the end of financial year). The publishers gave no reply to the notice served after the cheque bounced. i couldn't take up the matter further because of my exams. More than three months have passed since the notice was served.

Advocate Diksha Singh Dhakre answered
you may file a recovery suit under order 37 of cpc along with a criminal complaint under section 138 of negotiable instrument act. not replying to legal notice in cheque bounce case is no bar to further proceedings , you may go ahead and file a complaint under section 138. please provide the date on which the cheque was returned along with return memo and the date on which the legal notice was sent.

Q: Mother wants to transfer her late husband's property to son only

My mother in law wants her late husband property to her sons only.but her daughter also wants share in her late father property..Mother can transfer her late husband property to her son without taking permission of her daughter..As she asked to her daughter to sign in NO objection certificate but daughter deny.after some day mother made a affidavit approx Rs.12000 due to this daughter sign not required...Pls suggest is it any affidavit came which keep away daughter for her late father property...

Advocate Diksha Singh Dhakre answered
as per hindu succession (amendment) act 2015, daughters have equal share in the property as that of a son. i am assuming it to be the self acquired property of the deceased. if the father has died without a will all the legal heir would get their portion as per Hindu succession act. you mother cannot transfer the said property to the sons alone unless the daughter herself agrees to waive off her right.