Advocate Himanshu Madan

Questions Answered by Advocate Himanshu Madan (25+ answers)

Q: Property Related Rights Matter

I am alone son of my parents. Father is demised. Property owner is my mother. If my mother sell or gift her property to me. After that my wife or kids have rights if I file divorce. Plz guide me.

Advocate Himanshu Madan answered
your wife can claim maintenance for herself and the child. whether the property is sold or gifted to you it's your self acquired property as per law and unless you transfer the same on your own or if the person dies without will in that case your wife and child will have right in your property. as on today they have the right to seek only maintenance from you as they are dependent on you but have no right in your property.

Q: In order to withdraw the case do i need to become plantiff first

After the death of my father, can i close the case directly or I have to become plantiff first. Can I ignore the court dates will it legally impact me like notice or warrant. Actually my father put a case of illegal possession. Can the case automaticallly close if I don't go on any dates.

Advocate Himanshu Madan answered
As per civil law in india if after the lapse of 90 days no legal heirs came forward the suit shall abate (court will close the case on it's own) no summons or warrants will be issued to you however, if this happens then in the upcoming future you will not be able to file a fresh suit against the same party and it will curtail your right to that property. in exception cases after justification you can satisfy the court and got this case reopen however this might cost you as the court may or may not allow it's restoration at the later stage so opt wisely and close the case if you are not willing to fight in the future as well

Q: Hi Sir A Girl is blackmailing me don't know is she scammer or what

Hi sir I pay to someone's on Instagram for my Session I think she was a psychologist but after paying I got to know she gave cam sessions not this session but I paid that money so I want to try but she didn't provide any kind of session and asking for more money and I said that you are doing fraud and all then she said I will reveal ur identity and number Is there any kind of threat for me that girl kept saying I will reveal ur identity and all now Im in fear tht she make any kind of trap fr m

Advocate Himanshu Madan answered
As far as I understand your problem no session (video call) on your part so I do believe there is nothing to worry about. however, one thing I wud surely suggest that you must lodge a complaint with the cyber cell regarding her and describe everything about the transaction in which you paid for that session. Lodging such a complaint will help you in future in case if the need arises. These days you do have the option of lodging your complaint online against such scams and even you can take help from your local police station. BUT MAKE SURE THAT YOU LODGE AT LEAST A COMPLAINT ASAP.

Q: My wife filed false affidavits in two courts

Hello, My query is that my wife filed false affidavits hiding her education and bank account details in DV and 125 CRPC. I've submitted proofs of her educational certificates and bank details in the courts. Now for this should I file an application against her in the two separate courts or should I file a fresh single case against her submitting her false affidavits from the two cases? she is continuously misleading the courts from the very beginning.

Advocate Himanshu Madan answered
As you told there are two separate cases and they must be pending before two different courts so of course you do have the option of filing application for perjury before both the courts and each of respective court shall deal it with accordingly. so it is suggested that you move two seperate application

Q: Case Has settled but Respondents not completing first motion.

Our case ( complainants) has settled in Mediation of one of the district courts however the respondents were supposed to complete first motion (first payment) in the first week of April 2024. Our lawyer says their advocate is delaying the matter and not signing on the affidavit. We have still not withdrawn any case but little doubtful that our lawyer has started advising them to get rid of the settlement and assisting them to come out of it or may be giving other alternatives to them. Remedy pls

Advocate Himanshu Madan answered
Well though the matter has been settled in mediation proceedings unfortunately none of such proceedings are binding upon parties nor court can enforce the same. however, since you haven't withdrawn any of the cases so far you do have the option of proceedings with those cases further unless the respondent complies with the settlement and if you are having any doubt as your existing advocate then you might consult some other person and proceed with your existing on going litigations. Here it is worth mentioning that conduct of the respondent delaying the proceedings will be recorded and this might provide you with opportunity to ask for costs if the opposite party seeks adjournment using any delay tactics