Advocate Gurudeep Saini

Questions Answered by Advocate Gurudeep Saini (25+ answers)

Q: Relinquishment Deed Legal Heir Certificate

I am a resident of Pune and jointly own a property in Gurgaon along with my late father and my mother After my father's demise his share in the property is to be inherited by my mother my sister and me My sister wishe to relinquish her share in favor of my mother through a Relinquishment Deed We have been informed that a Legal Heir Certificate is required for registration Will a Legal Heir Certificate issued in Pune be valid in Haryana is there any alternative document procedure that can be used

Advocate Gurudeep Saini answered
Legal heir issued in Pune will be fine for transfer process Bring all the original documents like registered sale deed or conveyance deed which ever us with youAadhar card of all the parties to the process

Q: In Divorce proceeding will it be good to call 498a IO for cross examin

I filed contested divorce. wife wants to put document of 498a fir against the husband , I want to call IO for cross examination in my 498a case charges are not yet framed will it be good to call 498a io from cross examination in Divorce proceedings ?- as none of the incident is from Delhi state and without investigation he submitted report- io did not take central govt permission for incident outside UK under CrPC 188it will bring in divorce proceeding her 498a proceedings are vague

Advocate Gurudeep Saini answered
Under 498a cases there is a rule that complaint under section 498a can be registered where the incident took place, where the complainant seek shelter after the incident and where complainant parents reside. Making IO a witness in divorce proceeding will not bring material facts on the file as IO was not from the place where incident took placeNo 188 crpc violated But this can be a ground for quashing 498A FIR

Q: Husband demanding Maintenance in DV and Divorce case

My husband is HIV positive and is not working, I have 2 kids and filed DV case where he is demanding Maintenance from me on the grounds of being HIV and not working. Though he is physically fit and can work even he filled Divorce case too and asking Maintenance from me in that too. Instead giving the expenses for one child atleast. Can it be granted in his favour owing he is HIV

Advocate Gurudeep Saini answered
Yes maintenance can be filed by any of the party husband and wife, can also be in their favour as if their ground is genuine granted. But if the case is defended properly then their will be a chance to avoid any adverse order.

Q: My wife left me & my 5 years old daughter & now threatening

I married in 2019 my wife is from delhi, she never did job, educated but did all course like ba, ma, B.ED & Librarian course sitting home, she has aggressive nature & later on observed she has Narcissist personality disorder & she left my home in nov & now threatening of cases what cases she can put & what process she will start, she left me & my daughter with me, my daughter is 5.5 years old & autistic, if I share proofs of her abuse to me & my daughter will court still give custody to her

Advocate Gurudeep Saini answered
She can file 1. criminal complaint under section 498a IPC, now 85 BNS, 2. Application for domestic violence, where she can ask for maintenance, right to reside, custody order3. Application under 125 crpc, now, 144 bnss where she will asking for maintenance 4. Application for custody of minor child

Q: Succession certificate by court

Wht is the process of court while issuing succession certificate..will they issue notice and summon to other parties or legal heirs or we have to publish in local newspaper a general public notice ?

Advocate Gurudeep Saini answered
Only in non apperance or showing no interest in the suitFirst notice will be issued to all the legal heir If notice server/unserved then publication to general public will be done in local news paper afterwards the evidence then order