Advocate Jayasree Gayen Paul

Questions Answered by Advocate Jayasree Gayen Paul (25+ answers)

Q: Defence family pension enjoyed by son depriving the serviving mother

I would like to inform you that what I hard that one of my distant relations who used to serve in Ordinance Factory under Ministry of Defence and after his demise, his son somehow managed to transfer the pension in his name depriving the widow I.e, his mother in this case and enjoying family pension from the Govt. which appears to be quite strange and absurd. Is it possible and if so how?

Advocate Jayasree Gayen Paul answered
If the deceased was a government employee, the family pension is governed by Central Civil Services (Pension) Rules. As per norms, the widow (spouse) is the first eligible family member to receive the pension. A son can only receive it under specific circumstances—such as if the widow is deceased, remarried, or has formally waived her right, or if the son is a dependent minor or disabled. If the son is receiving the pension despite the widow being alive and eligible, it may indicate forgery or misrepresentation. The widow should immediately file a grievance with the concerned pension disbursing authority and can also approach the Central Administrative Tribunal or file a writ in the High Court to claim her rightful pension. It's advisable to consult a lawyer to initiate legal steps and gather proof of eligibility.

Q: I would like to inform you that I lost my property document long back

I lost my property deed long back and reported the matter to the local police station in the year 2016 through General Diary. But I appear to have misplaced the original G D although I am having the photocopy of the same. I am having one certified copy of the said Deed. What should I do at this juncture to secure my property and for future protection.Kindly advice in this matter.NB: I could not find the exact legal issue which is appropriate here. So I preferred to select the above clause

Advocate Jayasree Gayen Paul answered
File an affidavit affirming the loss of the original deed and detailing the steps you took, including the G.D. entry.Publish a notice in at least two newspapers (one in English and one in the local language) declaring the loss of the original deed and inviting objections, if any.Retain all documents carefully, including the G.D. copy, certified deed, affidavit, and newspaper clippings.Optionally, approach a lawyer to prepare a declaration or indemnity bond, which may be required in case of any future transaction involving the property.

Q: My property gets npa and failed to pay amount after section134 bu

Bank if order auction notice then relief can be given by drt if yes then cost of filing case against bank in drt how much for getting stay order

Advocate Jayasree Gayen Paul answered
Yes, you can approach the DRT (Debt Recovery Tribunal) for relief if the bank has issued an auction notice. You may seek a stay on the auction by filing a Securitisation Application under Section 17 of the SARFAESI Act. The filing cost depends on the outstanding loan amount and the tribunal's fee structure, which may vary but is usually between ₹12,000 to ₹1,50,000. Additionally, lawyer fees may apply. Timely filing with proper documents increases chances of obtaining a stay.

Q: Possibility of winning case if wife have evidence

I am working lady but my salary is less than husband While husband has filed section 10 HMA on mental cruelty I don't want to end the marriage I have evidence like whats app chats, money transfer to husband account, groceries bill paid by me, electronics equipment paid by me , honey moon bills partially paid by me , online gifts etc.He has some audio recording of matrial uncle. What is possibility of winning case will court consider this evidence on merits or not .?

Advocate Jayasree Gayen Paul answered
Yes, the court will consider your evidence like WhatsApp chats, money transfers, bills, and recordings if they are relevant and admissible. These can help prove your contribution and counter the mental cruelty claim under Section 10 HMA. The outcome depends on the full facts of the case and both parties' conduct. If you don’t want divorce, you can also request mediation or counseling through the court. Please consult your lawyer for a strong strategy based on the merits.