Advocate Jaideep Singh

Questions Answered by Advocate Jaideep Singh

Q: Can an original will be challenged?

My mother handover the property to my brother which was in my father's name, after my father's death. And my grandmother also nominate my brother for her property and bank balance ,now he wants the property which is in my mother's name,what if she make a will and give all property to both of her daughters without giving a single penny to him.can he challenge the will and create any type of dispute in it.if yes then what will be the solution.

Advocate Jaideep Singh answered
the answer to your above query is in a positive. a will whether it is registered or unregistered can always be challenged by filing a petition for declaration and in that case the sisters would have to reply to the same. it is also provided that the sisters can infact file a suit for letters for Adminstration or Probate before court of appropriate jurisdiction however the said Will shall be decided to be legal when it is tried by the court of law

Q: Domestic violence by husband even after lodging a police complaint

I,my sisters and mainly my mother are victim of domestic violence from last 21 years.Last year we took help from police but it was of no use it worsen the situation police simply made us shift temporarily to my aunt house and on my fathers request we came back but again within few days he started torturing us mentally by abusing or treating us.I want to end this torture.Kindly help me as situation is becoming worse day by day and we are not safe here.We cant go to anybody house because of my father he made us break all ties with others.

Advocate Jaideep Singh answered
hi,the best way to react on this is by filing a police complaint first and then persuing the case under section 498-A IPC along with section 12 of Domestic Violence Act.Also there are other relevant provisions by which your father would be punished accordingly under the IPC however in case you are above 18 years of age and relatively earning i suggest you to take a separate accommodation and then file the above said cases

Q: Neighbor filed false case and police has taken my cell phone

sir/mam, i want to ask that my neighbour has been filled a false complaint on me that i have clicked a photo of here while she was going out to buy ice cream she also filled tha i am forcing her to sell her property to me she is 53 yrs old approx and i am 19 years old.due to this a police officer has taken my cell phone for inestigation its now 2 month and i havent recived my phone and no one is telling me about its status they are just saying it is under investigation.what should i do now.

Advocate Jaideep Singh answered
sir,this is a matter which shall take time, i hope you havent received any court summons. the matter shall be based on the investigation which the police shall conduct, if in case there is no photograph nothing will suffice, Also it is relevant to ask you if the police officer had given you a seizure memo or have you signed any seizure memo while giving your mobile phone

Q: How can I alter my name in my CBSE certificates

Hi, so my surname is missing in my CBSE Certificates but it the there in Birth Certificate and all other govt documents. Please advice me how to get my surname added in CBSE certificates since i need it for my passport application. Tnks. I passed out in 2009 so approaching CBSE is not going to help now.

Advocate Jaideep Singh answered
hi,so if in case you have your surname mentioned in all your other documents it shall be sufficient for you to apply for your passport because the basic purpose of the CBSE certificates is to authenticate the birth date which i am presuming is mentioned correctly, if in case the same doesn't help you can simply first approach CBSE and then file a writ petition directing the CBSE as well as the passport authority to issue you a passport

Q: Erasing of adultery evidences in case parties agree for mutual Divorce

I have filled divorce case against my wife on adultery around. Now they are agree for mutual divorce. I have her some adultery recordings. Now, they are asking me to write on a paper that I have deleted all her recordings and will not misuse of it. If I do that I will be responsible for defamation. is this line safe for me Or what I can write? In absence of said declaration they will not give me divorce. please reply

Advocate Jaideep Singh answered
sir,if you intend not to use the contents its ok to write that you have given all originals to your wife and you do not intend to use any of the said objectionable material and have not kept a copy of the same, however in case any such material comes up it should be solely the responsibility of your wife and not you as your have given all of it to her