Advocate Jitesh Sah

Questions Answered by Advocate Jitesh Sah

Q: Can Colored pdf of Sale Deed be misused

Respected all , I have memory issues due to OCD , I doubt that I had shared coloured pdf of Sale Deed in whatsapp by mistake , whereas original is with the Bank , can pdf of Sale Deed be misused , it will be very kind of you to answer my question

Advocate Jitesh Sah answered
You can respond as follows:Merely sharing a scanned or coloured PDF copy of your registered Sale Deed does not, by itself, enable someone to transfer ownership of your property. A valid transfer of immovable property generally requires execution and registration of a fresh conveyance deed by the owner. Therefore, a PDF copy alone cannot ordinarily be used to sell or transfer your property.However, if the document has been shared with an unknown or untrusted person, it is advisable to remain vigilant against any possible misuse, such as identity fraud or fabrication of documents. Since the original Sale Deed is with the bank, it provides an additional safeguard, as the original document is ordinarily required in many property transactions.If you are unsure whether you actually shared the document, first verify your WhatsApp chat history. If you find that it was sent to an unintended recipient, you may request deletion and avoid sharing such documents without masking sensitive personal information in the future.From the facts stated, there is no immediate reason to conclude that your property can be misappropriated merely because a PDF copy may have been shared. If you notice any suspicious activity concerning your property, seek appropriate legal advice promptly.

Q: Get back my gold jewellery given to me by my parents from inlaws

My gold jewellery given to me by my parents are my inlaws bank locker. We are in separation and asking to give only my things amd jewellery but they are not giving it back. I want to have mutual divorce without claiming property, alimony or jewellery given by them to me and will sign stamp paper that i have no claim and i got my jewellery back before filing for divorce. But they are insisting on signing MoU and they will return my jewellery after first date after filing divorce.

Advocate Jitesh Sah answered
The jewellery, ornaments and valuables gifted to you by your parents or received by you at or after marriage generally constitute your Stridhan, over which you retain exclusive ownership. If such articles are lying in your in-laws’ locker and they are withholding the same, you should exercise caution before signing any declaration stating that you have received all your belongings.It would ordinarily be advisable not to sign any document acknowledging receipt of jewellery or relinquishing claims unless the articles are actually handed over to you and their receipt is properly recorded. If the parties intend to proceed with mutual consent divorce, the terms regarding return of jewellery, exchange of belongings, alimony and other settlements should ideally be clearly documented and implemented in a manner that protects both sides.While an MoU can be executed between the parties, its contents require careful scrutiny. If the return of jewellery is proposed to take place after filing of the mutual divorce petition, appropriate safeguards should be incorporated to ensure compliance with the agreed terms.Since the matter concerns settlement rights and valuable jewellery, it would be prudent to have the proposed MoU and settlement terms legally vetted before signing any document or initiating mutual divorce proceedings.

Q: my wife wants to divorce ,but she dint have specific reason behind it,

my wife wants to divorce ,but she dint have specific reason behind it, I asked what is the reason why you don't stay with me? She says I just don't stay with you I just wanna go home or anywhere else. If you people forced me to stay I will take step to suicide or somthing.what should i do now please help

Advocate Jitesh Sah answered
A spouse cannot obtain a divorce merely because he or she wishes to do so. Under the Hindu Marriage Act, divorce generally requires either mutual consent of both parties or proof of legally recognized grounds before the Court. Therefore, if your wife files a divorce case, she will be required to establish the grounds relied upon by her.At the same time, no person can be compelled to live with another against his or her free will. It would be advisable to avoid arguments, threats, pressure, or coercion and instead try to understand the underlying issues through calm communication, counselling, or mediation.The statement regarding self-harm should be taken seriously. Preserve any messages or communications containing such statements and, if there appears to be a genuine risk to her safety, inform her family members and encourage her to seek appropriate professional support.Since matrimonial disputes are highly fact-specific, your legal options will depend on the duration of marriage, living arrangements, communications between the parties, and any allegations raised by either side. A detailed examination of the facts would be necessary before advising on the most appropriate course of action.

Q: A friend in Kolkata borrowed ₹3,82,200 via online bank transfers.

A friend in Kolkata borrowed ₹3,82,200 via online bank transfers. I have explicit WhatsApp chat confirmations, and all the payment screenshot and bank account transfer. She is now not responding to my messages or calls. I live in Gurgaon, so I need a sharp, aggressive lawyer who can handle this aggressively on the ground.I am looking to close this on a flat-fee package model because I cannot manage a per-hearing cost from out of station.

Advocate Jitesh Sah answered
Based on the facts stated by you, the WhatsApp communications acknowledging the loan, coupled with the bank transfer records and payment proofs, may constitute valuable evidence in support of your claim. Ordinarily, the first step would be issuance of a formal legal notice demanding repayment within a stipulated period.In the event of non-payment, you may initiate appropriate civil proceedings for recovery of money along with interest and costs. Depending upon the nature of the representations made at the time of borrowing and the subsequent conduct, criminal remedies may also require examination on the specific facts and evidence available.Since the borrower is stated to be residing in Kolkata, issues relating to territorial jurisdiction and the appropriate forum would need to be assessed after reviewing the documents. Preserve all chats, bank statements, screenshots, call records, and any other communications reflecting acknowledgment of liability.As the amount involved is substantial and you are residing outside West Bengal, a detailed review of the evidence and a clear litigation strategy would be advisable before initiating proceedings so that the matter can be pursued efficiently and cost-effectively.

Q: desertation,emotional abuse,financial negelect

my husband left me & my 20 months old son 6 months ago to bihar without giving proper information.he never supported me financially.not even giving me back my 2 lakh rs which he borrowed from me 5 yrs ago.his family made no contact with me in pregnency that's why i stay at my deceased parent's flat.but now he is forcing me to stay with his family & take care of them.but my mother in law has copd with chronic pneumonitis.so i can't let my son to get close to her as per doctor advise for infection

Advocate Jitesh Sah answered
From the facts stated, you cannot be legally compelled to reside with your in-laws or act as their caregiver against your wishes. The husband has a legal obligation to maintain his wife and minor child, and abandonment without financial support may entitle you to seek appropriate reliefs including maintenance for yourself and your son.If your husband has not been providing financial support and has left the matrimonial home, you may consider initiating proceedings for maintenance and other reliefs available under the law. The issue regarding the ₹2 lakh allegedly borrowed by him would depend upon the evidence available to establish the transaction.As regards your child’s health, if there is genuine medical advice cautioning against exposure to a person suffering from a contagious or serious respiratory condition, the welfare and best interests of the child would be an important consideration.Since the matter involves marital rights, maintenance, child welfare, residence rights, and financial claims, a detailed examination of the facts and supporting documents would be necessary to advise you on the most appropriate legal remedies available in your specific circumstances.