Advocate Madhvi Chopra

Questions Answered by Advocate Madhvi Chopra (50+ answers)

Q: Advice required for property matter

My father in law has two flats. 1st bought by his father but no will done. 2nd bought in his wife's name(now deceased) He gave second flat to his elder daughter and took affidavit on Rs 10 stamp paper from her that she will not have any share in the first flat. Now he is making a will to name the first flat to my wife but elder daughter now wants share in that flat also saying that it is in name of my father in law's father and hence he cannot give it legally. How to avoid this dispute later on

Advocate Madhvi Chopra answered
The legal position depends on the ownership documents. If the first flat was purchased by the father-in-law’s father, its ownership must be established through the original sale deed and succession documents. If the father-in-law inherited it, he may execute a registered Will in favour of his wife, subject to applicable law. The elder daughter cannot claim a share merely because she is his daughter if he is the absolute owner and the property is self-acquired. However, if the property is ancestral or jointly owned, the position may differ.The affidavit executed by the elder daughter regarding the second flat may be relevant, but it does not automatically extinguish her rights in the first flat unless its terms and legal effect support that conclusion.To avoid future disputes, obtain the original title documents, establish the chain of ownership, and have the affidavit examined. If the father-in-law is the absolute owner, he should execute a properly drafted and registered Will with clear property particulars and preferably independent witnesses. A registered Will does not cure defective title, so ownership verification is essential. Consult me.

Q: TENANT NOT LEAVE AND NOT PAYING RENT

i have no rent agreement and police verification of tenant. not paying rent and leave house. What I do to recover my rent and empty house.

Advocate Madhvi Chopra answered
police verification of the tenant, you can initiate legal proceedings to recover unpaid rent and obtain possession of your property.First, send a legal notice to the tenant demanding payment of outstanding rent and requiring the tenant to vacate the premises within the applicable notice period. Preserve evidence of the tenancy, such as bank statements, rent receipts, WhatsApp messages, electricity bills, and any other documents establishing the landlord-tenant relationship.

Q: criminal case cc case DETAILED ANSWER REQUIRED

clarify if after whether the proceedings in a private complaint warrant case, instituted otherwise than on a police report, remain at the stage of inquiry until charges are framed, and whether the power under Section 319(1) Cr.P.C. can be exercised during this pre-trial inquiry stage, before the commencement of trial..

Advocate Madhvi Chopra answered
In a private complaint warrant case instituted otherwise than on a police report, the proceedings may remain at the stage of inquiry until the charge is framed, depending upon the applicable procedure and the stage of the case. The power under Section 319(1) Cr.P.C. is ordinarily exercisable during an inquiry or trial when evidence indicates the involvement of a person not already arrayed as an accused. However, the precise stage at which this power can be exercised depends upon the statutory context and the nature of the proceedings. The distinction between pre-trial inquiry and trial is material, and the relevant provisions must be read along with the applicable judicial precedents.

Q: RealMate: A Complete Guide to Online Video Chat and Voice Calling

The way people communicate has changed dramatically over the past few years. From sending simple text messages to having face-to-face conversations through a smartphone, technology has made it easier to connect with people without worrying about distance.

Advocate Madhvi Chopra answered
Technology has significantly transformed communication, making it faster and more convenient. However, in the context of property law, digital communication also plays an important role. Emails, text messages, and other electronic records may serve as relevant evidence in property disputes, particularly where they relate to agreements, payments, possession, or consent. Their evidentiary value depends on the facts of the case and compliance with applicable legal requirements, including the Bharatiya Sakshya Adhiniyam, 2023. Nevertheless, parties should always maintain proper documentation and execute legally required property documents in accordance with the applicable law. Digital communication can support a claim, but it does not automatically replace a legally required registered document.

Q: Question related to court marriage registration

My partner and I want to get married next year. We are both Hindus but would prefer to marry under Special Marriage Act, but cannot have a notice put out/sent to our families. If this isn't possible, we would be down to marry under Hindu Marriage Act, but is there a need to conduct a wedding ceremony or Arya Samaj or can the registration of marriage be done in the court only?

Advocate Madhvi Chopra answered
Under Section 5 of the Special Marriage Act, the parties must give a notice of intended marriage to the Marriage Officer of the district where at least one of them has resided for at least 30 days immediately preceding the notice. Under Section 6, the notice is entered in the Marriage Notice Book, and the Act provides for its publication. Therefore, a marriage under this Act cannot ordinarily be treated as a completely confidential court marriage, and there is a possibility that family members may become aware of it.