Advocate Milind Modi

Questions Answered by Advocate Milind Modi

Q: I want to recover money from my friend

1 year ago I gave 2 lakh rs to my friend by UPI Transfer on condition that he will return 2.5 lakh after 1 year. But now he is not picking my phone.

Advocate Milind Modi answered
You can file the Suit for Recovery for recovering the said amount from your friend.In case, you are afraid that the court procedure might take long time for the order or judgment, then you can file the said civil suit under Order 37 cpc which is very speedy process to avail you a favourable order.In the said civil suit, you can also ask the court to attach personal property of your friend during the court proceedings which might include property and bank accounts of your friend.Also, you can file a criminal complaint regarding the same under section 420 and 406 IPC.

Q: How to cancel the online marriage certificate application form

I wish to reapply for the marriage certificate (online) because of an error in filling the application. In the previous application, the area was accidentally filled as 'URBAN' so the application has gone to a tehsil office in Gharaunda, Karnal. We are however residents of Gurgaon. How can I get my previous application cancelled to apply for a new one?

Advocate Milind Modi answered
Your query is a common question posed by almost many people who realise their mistake after obtaining their certificate or completing their application process.The new application can be made without cancelling the previously one unless the website or the software is restricting you to do that.However, if the website is restricting you from making a new application or editing the previous one, then the concerned clerk can help you in the best poss manner.

Q: Wife not appearing in Court for my Adultery case filed against her

I had filed divorce case against my wife under Hindu Marriage Act Section 13 (1), (I-A) in August 2023, She didn't appeared on 2 dates as of now. Court has assigned 3rd date in April. Till how many dates it will take court to give decision on this matter if she doesn't appear on any hearing.

Advocate Milind Modi answered
SeeThis is a very common query of almost all the clients.It is mainly because of lack of legal knowledge that a common person possess.Also, the legal system and the court procedure is such that at times, it becomes difficult for a lawyer to explain the court’s procedures and progress of a case on every date of hearing.Coming back to your query, one can resolve your query or could give you a satisfactory response only after knowing what stage your case is proceeding with in the court.Without actually realising the stage of the case, no professional could give you appropriate advice or guidance.

Q: NI 138, recovery suit accused legal heirs, because accused passed.

I Filed NI 138 case in 2013 TO RECOVER CHEQUE AMOUNT, order of trial court in my favor, accused went to appealed, but passed away during trial in session court. Can I fie recovery suit against his heirs/son who owned his property?

Advocate Milind Modi answered
Yes you can file the Recovery suit against the deceased, but not the legal heirs.There is a difference between the same as the deceased person was liable to pay you money but not their children.But if the children are inheriting their father’s property, then they are liable to pay their father’s debt out of that property which was owned by their father. if there exist any property in your knowledge which was owned by the deceased i.e., person who was liable to pay you, then you can surely file a case against the deceased through their legal heirs