Advocate Menaz Maqbul Shaikh

Questions Answered by Advocate Menaz Maqbul Shaikh (100+ answers)

Q: Contested will of my late adopted mother

I was adopted without an adoption certificate, my adoption mother passed away but her daughter has left a will naming me as a sole beneficiary of her will who had also now passed away . My adopted sister’s class 2 hires cousin is now claiming they are the legal hires to my adoption mothers will .How can I go forward from this position without a adoption certificate

Advocate Menaz Maqbul Shaikh answered
It’s extremely important to have a probate to this particular Will. Until and unless you don’t secure a probate and consequently transfer the properties to your name, you will keep facing these issues of claims from potential legal heirs.

Q: Divorce application and getting financial details of husband

We are living in Uk for last 22 years, 3 years back we got divorced and since 2019 we did not live together. Other party did not disclose his India bank statements and other financial documents. I believe the marriage happened only because they wanted take all of my inheritance and make sure I have no information of what is going on. The contact I have provided is a uk number. I would like some one to email me and I can speak to them.

Advocate Menaz Maqbul Shaikh answered
Hello. You can definitely file an appropriate application in India if you were married here or your marriage was registered here to claim alimony or your share from the other party’s net worth in India. I will need more information from you to suggest you the correct course of action.

Q: Court Appearances For Accussed

Do all the accused need to attempt court after he 498A proceedings starts and is there any way to get exception for person who has medical conditions.

Advocate Menaz Maqbul Shaikh answered
If your lawyer is attending regularly then you can get an exemption from attending court hearings unless trial starts and the judge is insisting you to attend for your cross examination. Do you have a bail ? If there is one then you may relax some of its conditions on the basis of your medical conditions.

Q: Is voice recording admissible as evidence in a divorce case according to Supreme Court judgments? Ca

Does an audio call recording hold any value in a divorce case? Can we contest that the voice is not mine or it's a mimicry? Please advise regarding Supreme Court judgments on voice recordings and their admissibility as evidence in family court

Advocate Menaz Maqbul Shaikh answered
Yes audio call recording is considered as an evidence in court under 65b of Indian Evidence Act. Even if you sent that the voice is not yours, the recording is sent to the forensic department if the judge orders it to be verified.

Q: How to change caste in school leaving certificate ?

My name is prashant dineah dhok. by mistecally mentioned cast on my school/college leaving certificate is Maratha but my original cast is kunbi maratha I have cast certificate and also father and grand father and uncle. So please tell me cast change in lc possible ?, please help for how to change cast in leaving certificate.[ please mention procedure in brief / detail].

Advocate Menaz Maqbul Shaikh answered
first you need to get a caste certificate of your correct caste. The form is available online on this website www.mahaonline.gov.in.After downloading the form, fill it and submit it in the collectors office. Once you get your new caste certificate you can change on your documents. As for the caste change in your leaving certificate, you will have to figure out if your school is ready to change it or not.