Advocate Mayank Soni

Questions Answered by Advocate Mayank Soni (25+ answers)

Q: Legal action against neighbours who are constantly creating problems

Sir, I am a 20-year-old girl studying medicine from a well-educated and disciplined family. We are currently living in a rented house. My parents and I have been facing constant problems from our neighbors. They are always trying to dominate us, create unnecessary fights, and behave very badly, especially with my parents. For the past 4 years, we have not even spoken to them, yet they continue to mentally harass us. There is no peace at home because of them—we can't even sleep properly due to their behavior.

As a girl, my parents ask me not to get involved in such matters, but it’s very painful and shameful to stand by and watch this happen. I want to help, and I want this to stop. These neighbors act as if they own the place, even though we are also tenants like them. Their torture is becoming unbearable.

• Can I file a complaint against the neighbour?
• Where should I go for help? Can I approach any NGO for support or file an online complaint against my neighbour or with the police?

Advocate Mayank Soni answered
Next time there is a fight or argument between your neighbours and your parents, try to record a video of the incident (if it's safe to do so). After that, immediately call the police and file a complaint against the neighbours.

In your complaint, clearly mention that they are creating a public nuisance, threatening your parents, quarrelling regularly, and disturbing the peace of your family and the entire locality. This will help the authorities take the matter seriously and take proper action against them.

Q: Can a case be filed against a son for not taking care of his parents?

What are the criminal charges against a son who does not take care of his mother? She is a paralysis patient and above 80 years old. What criminal laws and IPC sections apply to provide justice? How can a case be filed against him? What is the punishment for not taking care of parents in India?

Advocate Mayank Soni answered
Currently, the Indian Penal Code (IPC) (now The Bharatiya Nyaya Sanhita, 2023) does not explicitly penalize a child for neglecting their parents. However, legal provisions exist to ensure a child's responsibility for the care and maintenance of their parents:

• Section 125 CrPC (Section 144 BNSS): A parent can file a petition in family court to claim financial maintenance from their child.
• Protection under the Domestic Violence Act: A mother can seek protective relief if subjected to neglect, harassment, or denial of basic necessities.
• Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This Act ensures financial and welfare support for elderly parents.

Q: verification of thumbprint on a will

my parent has made a will on which she has put her thumbprintsuppose the will is challengedhow can it be proved that the thumbprint is hers and genuine ?

Advocate Mayank Soni answered
as per your query to prove the will is genuine one must to do it by verifying the statement of the witnesses to the will, that the will was exexcuted in their presence and she made the thumb impression voluntarily

Q: Removal of co owner share on the basis of not obeying mutual agreement

(i) One house in joint three brothers (X, Y and Z) name. However, the entire cost of purchase of land was paid by two brothers (X and Y) only and a joint bank loan. The registry deed does not mention on ownership of each brother. (ii) An agreement was executed dividing the house in three-part floor wise and roof on the joint basis. Although Z never obeyed the same and did not pay the bank loan although it is mandated in a written agreement. (iii) X and Y paid the bank loan through negotiation as the bank intend to sell the house. (iv) At the same time, Z became violent and three criminal cases are lodged against him and his wife. (v) Can we acquire their share and if yes under which rule.

Advocate Mayank Soni answered
Yes the share can be acquired. A petition under specific relief act needs to be filed to make sure that either the brother pays his share of the amount to your brothers or forfeit his share in the property

Q: Need to recover property papers from aunt after the death of father

Can I get back that property papers? my aunt younger sister of my father they took the property papers and I need justice I want to know there is any law to help me to get back my grandfather's property papers?

Advocate Mayank Soni answered
Yes you can get the papers back. If the papers are registered then you can seek the information through RTI and apply with the concerned sub-registrar and seek the certified copies. Which are as good as the original copies. If the papers are not registered and the same are with your aunt and uncle and they are unwilling to return those papers you could file a suit for mandatory injunction and seek the production and possession of the papers.