Advocate Mohd. Hashim Chauhan

Questions Answered by Advocate Mohd. Hashim Chauhan

Q: Can i claim ownership of land i have used for 20 years in india ?

I got a property in my name, but due to my work, I have had to move from one place to another for years, so I haven't visited my property for a long time. However, I pay all land taxes regularly by myself. On the said property, my aunty and her children have been living for the last 20 years. Can someone claim your property if they maintain it? Can I claim ownership of land I have used for 20 years in India?

Advocate Mohd. Hashim Chauhan answered
Since you are regularly paying all the land taxes yourself and all documents related to the property are in your name, there is nothing to panic about. Your aunty and her children are residing there with your implied permission. Even though you haven't visited the property due to your busy schedule, you have maintained legal ownership. However, if there is an unauthorized claim over your property, you may file a suit under Section 6 of the Specific Relief Act. To establish ownership, one must prove legal title to the property, including payment of taxes and other liabilities.

Q: Can I marry a Muslim Woman within the period of divorce case pending

I am a Muslim Man working in Central Public Sector Undertaking. Can I marry another Muslim Woman within the period of divorce case pending in court. How will this affect my Job.

Advocate Mohd. Hashim Chauhan answered
If your first wife is a hindu or from some other religion than you can not marry while the case of divorce is pending in the court of law however, if the first wife is also muslim than in that case you can marry for the second time under muslim personal law. It will not impact your job anyways if you marry under the provisions of muslim law.

Q: Can an email communication be treated as an evidence in a case

if we have communicate our distributor through email for his A/c Balance Confirmation and also we his email ID & same clause in our distributor agreement then its entitle to present the same in court - at that time its communication is acceptable or not under court. above communication of balance confirmation we need to use in U/s 138.

Advocate Mohd. Hashim Chauhan answered
Under section 138 of NI Act, You shall annex it with the application of section 65B of the Indian Evidence act, 1872 as amended upto date and it will be considered as a part and parcel of the evidence in the court of law.

Q: What to do if my sisters in laws are torturing her

My sister is getting tortured mentally and once physically too by her husband and her mother in law. Since her marriage 2 years ago, mother in law keeps asking for so many expensive gifts and money on different occasion. Also, they ask her to get up @4am daily and do all household chores without any maid etc. They don't keep maid for a huge house. They keep quarrel with my sister and her husband does not support her. He just listen to his mother. My dad has cancer and my mom did suicide few months back due to this pressure of cancer and torture of inlaws to my sister. They sent my sister to our home forcibly and kept her phone too. We are hindu.

Advocate Mohd. Hashim Chauhan answered
If there is a physical assault next time file a FIR under 498A of the IPC, and in case of violence file a complaint under domestic violence act, 2005 and so for the as they are asking for expensive gifts lodge and FIR under Dowry Prohibition Act, 196. If Police doesn't help you, get in touch with a lawyer as soon as possible.

Q: Will a previous case create problem for my future job

Sir I have I case under 147/148/148/308/323 it was a family dispute.will I get a joining in ssc Chsl as I have cleared the exam

Advocate Mohd. Hashim Chauhan answered
No, till the judgment of your case is pronounced. Normally what happens when a criminal case is pending for adjudication against someone in the court of law and in between the concerned person got recruited for a government job, POLICE VERIFICATION takes place where we can't hide anything which is a matter of record, here in your case, if you get acquitted in the case pending for adjudication than police verification will not be a problem for you and you may join the concerned service without any obstacles. The other side of the coin is if the judgment is about your conviction unless and until you get acquitted by the appellate court you can't join the government services/job.