Advocate Maaz Akhtar

Questions Answered by Advocate Maaz Akhtar

Q: Illegal property inheritence issue

I had a agreement with someone, that they would give me a apartment to live once the current person who lives there leaves, now he is not even showing me his messages with me to confirm when or will he leave, nor calling the person who lives there in front of me in speaker to confirm

Advocate Maaz Akhtar answered
If under such agreement any amount has been taken, only then there will be a case made out, if there is no money paid in view of such agreement then this cannot sustain. You don't have any right and this agreement is not an agreement as per the Indian Contract Act.

Q: "Seeking Advice: Divorce Proceedings and Custody Dilemma for British C

I and my spouse are both British citizens, but our marriage took place in India, we live in England , my husband is torturing me , abusing me for divorce ,so I fli e domestic violence case on my husband, and also filled divorce on this ground, but my stri dhan has control over my in laws, They did not give me,They also took dowry and his most of the property is in India. He doesn't disclose all properties I have a daughter my salary is very low to survive in the UK.how can I get

Advocate Maaz Akhtar answered
We have a few case of such type in Indian courts as well as High Court of England and Whales, Family Division.The jurisdiction can be Indian courts as well as the courts of England. India because you both were Indians, marriage was solemnized in India, the spouse owns properties in India. England because both of you are habitual residents and a national of that country.As for the domestic violence, you need to support your allegations alongwith proofs, because the Indian courts will have no jurisdiction to send police to investigat there. Also if you may get any certificate from the police regarding abuse it will be of a great help alongwith medical reports.As for your stridhan there is a specific provision in law which can direct your in laws to give your things to you. If necessary, you will be given ex parte orders and police may accompany you to your matrimonial home to get those things along with the dowry. Additionally, you also have a right to ask him for a home.The property your spouse holds can be traced from his adhaar card and pan card if you have and we can also get it managed through third party agents to procure all data regarding his ownership.You may also file for guardianship for your daughter and since you are unable to maintain yourself, you may seek maintenance as well.

Q: A 26 year old boy marries a 42 year old widowed woman. That widowed wo

A 26 year old boy marries a 42 year old widowed woman. That widowed woman also has two children, both are girls, one is 16 years old and the other is 21 years old and this second child who is 21 years old is a government teacher. . Before marriage, the boy had put a condition that he would not have any right on his children or his children would have any right or relation on me, in such a situation, now after marriage, the woman has the right to adopt or give custody of those children to the b

Advocate Maaz Akhtar answered
Custody of 21 years old who is a major, and what's the need of Custody? as for 16 years who is a minor her mother is the guardian and adopted father would be the boy who is 26. any agreement cannot escape one from liabilities. Yes the lady who is 46 years old can adopt any other child.

Q: Separate registry of partitioned property

Hi, the property currently my family is living in, is partitioned between my father and his brother. Specific area is mentioned on registration deed for both the owners. I want to know what issues can there be in future if we want to sell our potion or in other scenarios. Also, if we want separate registration of our share, can it be done? And is there any way that we can skip stamp duty and registration charges as property area is big and we want to avoid the charges?

Advocate Maaz Akhtar answered
Have a family settlement deed and get it registered or even without registration also it is equally valid. No need to get it mutated, if you would like to save money. but there should be no compromise in family settlement deed.

Q: I want to file a case u/s 498 ipc

My wife have illicit affair I want to file a case U/s 498 ipc what is the procedure of filling the case.

Advocate Maaz Akhtar answered
You need to engage a lawyer and he will do the work required.Procedure is too long to explain. In short look for code of civil procedure, Indian penal Code, Indian Evidence Act and Hindu Marriage act if you are a Hindu and many other judgements of the courts. Even after that you won't be able to draft and know the stages of the proceedings.