Advocate Dnyaneshwar Ashok Jadhav

Questions Answered by Advocate Dnyaneshwar Ashok Jadhav

Q: What are the Laws for watching porn in India.

Is there any decree like No. 167-463 dated 3rd January 2020 existing in India from any court? My friend received a message while browsing the internet for some adult content. A fraudulent page popped up claiming his computer was blocked for viewing porn, which is banned in India. The page demanded Rs 28,000 payment via credit card within 1 hour, threatening police action if unpaid. He refused to pay and rebooted his computer. Can voluntarily making such payment acquit anyone from this crime, if it exists under the Indian Penal Code? Regards, G V Phatak

Advocate Dnyaneshwar Ashok Jadhav answered
No ... It is fraud message, ignore it... It's your discretion whether to see adult contents or not. Nobody has right to lean into your privacy and to see what you are doing in your bedroom...But remember storing, viewing, and circulation of porn or any adult contents of children's or persons below the age of eighteen years is an offence under the Information Technology Act, 2008 ...so be relaxed and assure your friend or whomever he may be that he has not committed any crime....

Q: Wife filed a divorce petition need to understand the next steps

My wife has been staying seperately from me for more than 1 year now and she had earlier send me a legal notice through her lawyer to meet however i didnt respond to the notice and waited for her to come back however now after more than 1 year she has filed a divorce petition in the family court and her lawyer has send me a notice mentioning the petition nos and asking me to appear in court. What should be my next steps and what procedure should i follow. Can i decide not to respond to the letter again and be silent since i dont want a divorce and would want to continue. I also have a 11 year old daughter who is staying with me abd she wants to stay with me only. Pls guide and suggest next steps.

Advocate Dnyaneshwar Ashok Jadhav answered
You should go to the Court and file your written statement... Please note that it's court proceeding, if you ignore it court can proceed ex parte.. means without you..and decision will be binding on you... don't let that happen..if you don't want divorce, you can file counter claim in her divorce petition asking her to come back that is restitution of conjugal rights.

Q: CAN A DAUGHTER GIFT HER FLAT TO HER FATHER WITHOUT ANY TAX IMPLICATION

I am a retired person without own house. I stay in my daughters flat at present. My daughter stays in America and settled there permanently. She wants to gift her flat to me / transfer it on my name. Can she do it without any tax burden on me or any financial implications on me. Please give me right legal advise so that there is no financial burden on me or my daughter.

Advocate Dnyaneshwar Ashok Jadhav answered
When you do any kind of transfer of ownership government levy stamp duty on it... especially when transfer is through gift deed stamp duty is required to be paid.... which is 5% of the total valuation of property.

Q: rectification deed for a sale deed

we have registered a property and also paid the down payment to seller and wanted to take loan of 30 lakhs from SBI. After registration of sale deed sbi person has come for property visit and after checking our deed they want us now to make a rectification deed. Rectification deed because they have found out that in our first agreement there was a sentence ' 'g' building known as "new name" . This appears in First agreement OC but not in any schedule ,index or share certificate. so previously the building was known as g building but now with a proper name which comes in share certificate,index and schedule.so we needed load and we made a rectification deed but now registrar says since this g building comes only in body of agreement and not in schedule it cannot be rectified. and bank is adament on getting rectification deed. what should we do?

Advocate Dnyaneshwar Ashok Jadhav answered
if it so you can file suit for mandatory injunction against registrar and get rectified sale registered .Firstly paid stamp duty can be adjusted here if such pleading is made ....or else you can directly file suit for rectification and mandatory injunction.

Q: Share of younger brother if land purchased on name of elder ones

From the family income a land was bought in name of two elders sons, will the younger brothers get share in it ? When the land was bought father was alive, and No will is made that the property should be enjoyed by only elder brothers. The witness person during the time of registration is related to brothers as uncle(mothers elder brother), the uncle knows the land was bought because of the family business(bricks making and farming) and ready to tell court it was family business money. It would be great if someone suggests solution to the younger brothers. Law - HINDU Law Thank you

Advocate Dnyaneshwar Ashok Jadhav answered
Yes ofcourse..You can file suit for partition and separate possession..Though property is on your brother's name you have equal share into the property as it is property of joint family..or legally part of common hotch potch...