Advocate Hitesh Kumar Jain

Questions Answered by Advocate Hitesh Kumar Jain

Q: How to register a rented property

I am a tenant and I want to register my rented flat . This is for my address proof for passport renewal. What are the steps to get it down

Advocate Hitesh Kumar Jain answered
both the parties i.e the landlord and the tenant will have to be present before the concerned sub-registrar office along with the document to be registered and you will have to pay stamp duty and registration charges by way of a demand draft ( stamp duty and registration charges depends on the rate of rent, period of lease and security deposit), you will need the latest khatha certificate and the tax paid receipt for registration and two witnesses will have to accompany you.

Q: Can i ask for Mandatory injunction against his with drawl

My neighbour has been served with 321(1),(2)&(3) by BBMP for setback violations. He is in KAT now. I impleaded myself since i am the affected party. After I became a respondent, he put a civil case of encroachment on me to harass me. In KAT, with his appeal he submitted a survey document that shows the measurement of his plot as well as mine. But in Civil, he claimed the same document to be false which amounts to approbate reprobate. He tried to amend his appeal by removing the document, but the judge overruled it. Now, he wants to withdraw his appeal from KAT. I see his intention clearly--after he withdraws he thinks he can continue with Civil court since that document will not be in use in the Appellate Tribunal. My questions are: 1. Even if he withdraws, the document has still been used by him to his advantage and hence will it still constitute approbate reprobate? 2. can I put in an IA for mandatory injunction against his withdrawal?

Advocate Hitesh Kumar Jain answered
If he is withdrawing the appeal then BBMP can initiate action and demolish the building. You need not file any application to stop him from withdrawing the appeal. You can apply for a certified copy of documents produce it in civil case if it helps. Further information can be given only after verifying case papers

Q: Procedure to acquire fathers property, had permanent injunction on it

I have permanent injection of my dead Father property..i have copy of injection from court..will i proceed to acquire my father property which is already acquired by yelder brother.

Advocate Hitesh Kumar Jain answered
without verifying the documents and the court order passed i cannot give any opinion on the same. since the matter is already in court and you are also saying that the property is already acquired by your elder brother it would be appropriate to consult the advocate who is handling the matter.

Q: Where to report if husband tries to escape from a criminal case

My husband deserted me 3 months back. I have filed DV n 498a FIR done. My husband wants to move to USA now to escape. His original passport is with me. My advocate is supporting him at the back. I want him to stop moving. Next DV hearing on 12.10.17. I.A. for passport seizure can be filed only next month bcoz still in summons stage. He stays in bidadi now. His passport address bidadi only. Validity 2024. Where shal I contact for passport seizure in passport office/commissioner office/bidadi police station or vijaynagar police station because I'm staying in vijaynagar? What is the procedure? Where will he contact for loss of passport n issue of duplicate passport? I'll go n contact them. My advocate is telling my husband can go abroad by changing his name immidiately. So, my advocate forcing me to go for settlement imidiately. Is it possible? Whether my advocate telling true or lie?

Advocate Hitesh Kumar Jain answered
you can contact your advocate and request him to advance the matter and file an application. but in this case since the passport is already in your custody, the question of passport seizure may not arise. you can inform at the nearest police station/bidadi police station. you can also inform the passport authority that there is a criminal case and a case under DV act pending and also write a letter to the airport authority attaching the copy of the passport and mention the case numbers and inform them not to allow this person to fly untill the disposal of the above mentioned case.

Q: Husband not giving divorce & blacmails to commit suicide what to do

Hi , I am not being comfortable with my husband , now that I have found a match I want to move on also. Husband not ready to give divorce and also blackmails me that he will commit suicide and name me and my new match responsible for this. If I move on. 1) what is the best option for me to get rid of this situation 2) How do I prove that he himself is doing this 3) I am being tortured now.to get justice?

Advocate Hitesh Kumar Jain answered
without there being a decree of divorce you cannot leave your husband. you can file a petition for divorce for whatever harassment you are facing and only once the court passes a decree in your favour you will be able to move on. you can always approach the jurisdictional police station and lodge a complaint in case your husband is blackmailing you.