Advocate Mahinder Singh

Questions Answered by Advocate Mahinder Singh

Q: Power of attorney query for mutual divorce final hearing

The first hearing for my mutual divorce has been completed, & second/final hearing is scheduled for March. My husband is abroad & has given his father power of attorney to represent him at both hearings. My case is registered in a Haryana. Meanwhile, I will be moving to Bangalore for my new job & will not be able to take leave due to the new job policy. Is it possible for me to give my father power of attorney for signing the final documents ? or do I have to be mandatorily present in person?

Advocate Mahinder Singh answered
In mutual divorce cases under Section 13B of the Hindu Marriage Act, personal presence is generally required at the second motion (final hearing) to confirm consent. However, in exceptional circumstances like yours:1. Seek Exemption: File an application in the court requesting exemption from personal appearance, citing valid reasons (e.g., job constraints).2. Video Conferencing: Request the court to allow your appearance via video conferencing for the final hearing.3. Power of Attorney: Courts usually do not accept a Power of Attorney for personal confirmation of consent in mutual divorce cases, as it is mandatory for parties to confirm their willingness before the judge.Adv. Mahinder Singh Mavi

Q: Re-recording of Sec 313 in 498A from complainant

Is it legally permissible for the complainant to request a re-recording of Section 313 proceedings at the final arguments stage in 498A case, citing missed evidence? What legal arguments can I present to oppose this request and ensure the case progresses to final arguments without further delays?

Advocate Mahinder Singh answered
You can oppose the request for re-recording Section 313 proceedings with the following arguments:1. Finality of Proceedings: Section 313 is conducted to ensure the accused's defense against the prosecution's evidence. Once completed, it cannot be reopened unless there is a significant procedural irregularity.2. No Provision for Re-recording: The Code of Criminal Procedure does not explicitly provide for re-recording 313 statements at the complainant's request, especially during final arguments.3. Delay in Justice: Highlight that allowing such requests would lead to unnecessary delays and go against the principle of a speedy trial.4. Abuse of Process: Argue that the request is an attempt to prolong the case unnecessarily and lacks merit.5. No Prejudice: If the accused was given a fair opportunity to respond earlier, there is no valid ground to disrupt the trial at this stage.Request the court to dismiss the application and proceed to final arguments to ensure timely justice.Adv. Mahinder Singh Mavi

Q: Good morning sir,Kl raat ko mujhe se call girl k naam pr,65

Good morning sir,Kl raat ko mujhe se call girl k naam pr,6500 rupees ka fraud ho gya,unki sb details h mere pass,m kaise action lun unke against

Advocate Mahinder Singh answered
You can take the following steps:1. File a Complaint: Lodge a complaint with your local police station or cybercrime cell detailing the fraud. Provide all evidence, such as payment receipts, messages, or other communication.2. Cybercrime Portal: File an online complaint at the official government cybercrime portal.Adv. Mahinder Singh Mavi

Q: Property Purchased under Sarfaesi Auction - Builder denying Allotment

Hi,I have purchased a flat under sarfaesi auction and sale certificate has been issued in my favour. The flat was not handed over to borrower and bank has taken physical possession through court order. Now, i have approached builder for allotment transfer in my name and mentioned to pay all pending dues of earlier borrower but builder is not accepting the request and not sharing dues amount. The conveyance deed was not done earlier . How can i get allotment transfer and conveyenance deed done

Advocate Mahinder Singh answered
To resolve this:1. Builder Communication: Send a formal legal notice to the builder demanding allotment transfer and conveyance deed execution in your name.2. Approach RERA/Consumer Forum: If the builder refuses, file a complaint with the Real Estate Regulatory Authority (RERA) or a consumer court for non-compliance.3. Legal Action: File a civil suit for specific performance if the builder remains non-cooperative.4. Bank’s Assistance: Seek support from the bank as they facilitated the SARFAESI auction; they might assist in addressing the builder's resistance.Ensure all actions are documented for future proceedings.Adv. Mahinder Singh Mavi

Q: Registration and stamp duty charges for purchasing a resale flat.

What are the current registration and stamp duty charges for purchasing a resale flat in Faridabad Haryana in Urban areas.

Advocate Mahinder Singh answered
In Faridabad, Haryana, the current stamp duty charges for urban areas are typically:7% for men,5% for women, and6% for joint ownership (male and female co-owners).Registration charges are usually ₹50,000 or 1% of the property value, whichever is lower.These rates may vary, so it's best to confirm with the local Sub-Registrar's office.Adv. Mahinder Singh Mavi