Advocate Mukund Kumar

Questions Answered by Advocate Mukund Kumar

Q: Case Under Section 12 Of 498 A

My wife has file a case under section 12 of 498a in Vadodara, we are living separately for last one year, case in unsubstantiated and we have never lived in Vadodara can cases like this be filed anywhere in the country or is there a jurisdictional issue

Advocate Mukund Kumar answered
case can be filed in the city where you were spending your marriage life.case can be filed where you are living. case can be filed where she is livingyour query is hot complete one, you are just asking probability. it would better you contact a lawyer face to die and discuss the matter with him. otherwise there are hundreds of possibilities. that can be only assumed. the will give you only mental stress. and also be ready ti do some expense as consultation charge to lawyer to whom you are going to see. otherwise your case would be spoil.

Q: Forced to pay the society maintenance charges for my house

Hi,I had bought a independent house for investment purposes. And at time I bought I had paid the one time lifetime maintenance charge to the builder. And I started living in a different state. I never visited that property for 4 years. And now when I visited the property I got to know that the society committee has started collecting the monthly maintenance charges too. And now they are forcing me to pay the 4 year maintenance with heavy penalty. As I was never aware of the maintenance and the society never contacted me or made me aware for the same , i have never visited the property before so that I can come to know about the maintenance. I have not used a single facility provided by the society. Am I obligated to pay the amount?

Advocate Mukund Kumar answered
when you bought the property had you read the memorandum prepared by association of your society ? all the owner of that society are bound to follow the rules mentioned in it. if they have passed any resolution in general meeting for collecting extra maintenance charge, they can. but in your case they haven't ever informed you about it. so they have missed duty of their side. they can not charge any penalty without informing you. In most of the cases the body of association behaves according to their own will. you can oppose them without any fear. they can not compel you to pay without your will. first you check the legality of memorandum/amendments of association of your society and see a local lawyer.

Q: can attested copy of letter be accepted in the court as evidence

i had brought a property and had paid the builder full amount by way of cheque and cash for which i was issued a letter of allotment along with the letter mentioning the receipt of full payment for the said property. i had to file a case against the builder as he has ran away to the u.s.a and now his partner is denying the receipt of the payment and not ready for the sale deed. i have lost he original document of the receipt but i have the attested copy for the said letter, and i have filed the case with the same letter, in other evidence i have submitted the bank statement and the evidence of pocession with me for the said property, i wish to know that i have lost the original letter of receipt but i have the attested copy of the said letter, i wish to know whether the court will accept the attested letter as an evidence. pl inform me at the earliest as the next hearing is on 2.7.19regards

Advocate Mukund Kumar answered
you don't worry about the standered/type of a document which you are going to present before the court. it's a question of provision of evidence act. the court does know very well that how to testify a document. you just put it before the court through your advocate. thank you, you can call me further advance clarification.

Q: I live in Albania and my biologic father live in america

My biologic father learned about my experience and want to register me like his daughter .How many times can last the procedure?

Advocate Mukund Kumar answered
your query isn't complete. the fundamental point in your case is citizenship. hence, elaborate everything in detail. your query isn't complete. the fundamental point in your case is citizenship. hence, elaborate everything in detail. your query isn't complete. the fundamental point in your case is citizenship. hence, elaborate everything in detail.

Q: Filing of suit on the cancelled share certificate of coop housing soci

SirDuplicate share certificate of tenement was issued by society ignoring all laid down procedure. The party has presented the original share certificate.for which duplicate has been issued in the board of nominee, Tribuanal, city civil court and High court also. Duplicate certificate was issued in 97 and cases are going on in different courts from 98 onwards. Can original certificate be used when it's duplicate has been issued prior to all litigation? What will be criminal aspect for that? Pl reply.Thanks & Regards

Advocate Mukund Kumar answered
when a duplicate certificate is issued it is always keepft in mind that the original is not available or it is torned away or destroyed. otherwise there is no need to issue a duplicate certificate. and for to issue a duplicate certificate there is a particular process has to be followed, an entry or remarks also has to be maintained. luck by chance sometimes one gets original copy. it that case it becomes it duty to surrender duplicate certificate to issuing authority without missing to get receipt of it in order to avoid misuse of it.