Advocate Naveen Kumar Ahir

Questions Answered by Advocate Naveen Kumar Ahir (50+ answers)

Q: How much time does it typically take for the restoration of a dismissed case?

How much time does it typically take for the restoration of a dismissed civil case? Can a lawyer send a notice to the opposite party if the case is not restored in court?

Advocate Naveen Kumar Ahir answered
On filing the petition for restore the case, the court orders notice to be given to the opposite party, once they appear they may file a counter i.e their reply and after hearing the matter, court will pass an order. Generally court will permit to restore unless there is a huge delay in which case it has to be explained/accounted for.

Q: What is the ex parte divorce validity in India?

Have got ex-parte divorce in Jan 2018 is it possible to re-open in June 2018 and is it possible to file DVC and 498a cases? what is the validity of ex parte divorce in India?

Advocate Naveen Kumar Ahir answered
We can set aside the exparte order against you. The grounds for delay has to be explained to the court and it can be set aside. If you are being harassed in any form viz. physically, mentally, emotionally, financially, etc. you can file DVC and 498a. Perhaps you might want to understand that now being divorced can you file the same. In this context, it is to be determined as to how long you have been staying separately from your partner and for what reasons, because the limitation period has to be kept in mind while filing a case.

Q: Want to file for divorce wife is having a mental disorder

My cousin is married just married 2 months ago .His wife eloped, she typed a watt Sapp message stating she didn't like the boy as he is having spondylitis and wrote a letter that all convinced her to get married ,but she didn't like the marriage and mentioned the names of few relatives in her letter who convinced her for marriage. Her parents filed a missing complaint in the police station with the statement of in-laws stating that she is mentally upset. How can my cousin file a divorce. He is in U.S. Just stayed 15 days together after marriage. we took her to psychiatrist after the first night. Doctor identified she is having border line personality disorder .She mentioned that she wants to trouble everyone as she is angry as my cousins parents took her to psychiatrist counseling .How we have to proceed in this case. Marriage taken place in Hindu temple. Police still couldn't trace her.

Advocate Naveen Kumar Ahir answered
Your cousin can file for divorce under the grounds of unsoundness of mind of spouse. As he is residing abroad, he has to appear through GPA which he can give to anybody duly attested in US. But for service of summons, the police complaint is mandatorily required.

Q: Is permission required for construction over agricultural land

I have one acre of land in Annaram. I have men who are waiting at the site for construction. I want to know if it is legal to build it or is any permission required?

Advocate Naveen Kumar Ahir answered
The classification of land as per revenue office is important. It may probably be classified as agricultural land, for which you need to obtain land conversion certificate from MRO on payment of Govt. fee. Than comes the permission from other statutory bodies like DTCP, Municipal, etc.

Q: Is it legal to buy plot which was registered in the name of a minor

I am planning to buy open plot, current owners of the property have bought this property from their relative who purchased it in the name of his Minor son. Current owners didn't get any permission from the court for this transfer. They have purchased the plot and got it registered in their name. My question is If I buy this plot now, can the minor challenge this sale deed once he becomes Major? Is there any other way how I can purchase this property without facing any other issues in future from Minor?

Advocate Naveen Kumar Ahir answered
It is mandatory to obtain the court permission for sale of property belonging to minors. If it is brought to the notice of court that the sale is for benefit of minor, the same cannot be challenged later on.