Advocate Nikhil Karwal

Questions Answered by Advocate Nikhil Karwal (25+ answers)

Q: Seeking Child Visitation & Welfare Review Post-Coerced Settlement

I seek legal help to regain visitation for my daughter (born 2019). My 2024 mutual divorce "no-visitation" clause was signed under extreme coercion and mental trauma. My ex-wife’s lawyer (a relative) pressured me to waive rights. Currently, they have moved to an unknown location. I am deeply concerned for my child’s safety, as relatives report a toxic, paranoid environment and psychological neglect. I also need to protect her Sukanya Samriddhi funds. How can I challenge the decree

Advocate Nikhil Karwal answered
You may file a case in Family Court under the Guardians and Wards Act, 1890 for visitation.You can also ask the Court to change the earlier terms due to pressure and changed situation.Since the child’s location is not known, you can seek direction to disclose the address.The Court may pass suitable orders after hearing both sides.

Q: Cheque Dishonour Case – Clarification on Delay Due to Customer Dispute

In our company, there is a rule that if any cheque is dishonoured, a legal notice must be sent through an advocate.In this case, the customer had an issue with the product. The first three EMI cheques were deposited on time and were cleared without any issue. However, the last three cheques were dishonoured with the reason “Payment Stopped.”Before depositing the fourth cheque, we informed the customer. The customer clearly requested us not to deposit the cheque, stating that there was an issue

Advocate Nikhil Karwal answered
Limitation – Cheque Bounce (Section 138 NI Act) — • Cheque must be presented within 3 months from date of cheque.• After dishonour, legal notice must be sent within 30 days of receiving return memo.• Drawer gets 15 days from receipt of notice to make payment.• If payment is not made, cause of action arises on 16th day.• Complaint must be filed within 1 month from that date.If you missed any of these timelines → complaint becomes time-barred, unless delay is condoned by the court (with proper justification). You can deposit the cheque, as legally even “stop payment” cases are covered under Section 138 NI Act.

Q: Harassment to senior citizen by neighbour

Neighbour left water pipes running, resulting nuisance and water logging in my area. When valves were closed to stop wastage of water, neighbour assaulted me. Police made a kalandar and sent ito special executive magistrate for preventing action. Whereas a case of harassment and assault on senior citizen should have been registered. What to do now to get u stice

Advocate Nikhil Karwal answered
In your case the police have not registered an FIR and have instead initiated only preventive proceedings, which do not provide punishment or real relief. Since the incident involves assault and harassment, you should immediately pursue proper legal action by filing a written complaint for FIR registration. If the police still do not act, the next step is to approach the Magistrate for directions to register an FIR. At the same time, you must attend the present proceedings and clarify that you are the victim and not at fault.

Q: My share in in my fathers assets (eq shares and bank account)

1. my father had equity shares in joint name with my brother and my mother .He passed away. I am the second son . Do i get any share2. my father had bank account joint with my mother . He passed away . iam one of the son do i get any share.

Advocate Nikhil Karwal answered
You are a legal heir, so you do have a right in your father’s assets, even if they were in joint names. The surviving holder only receives the money/shares for convenience, but must distribute it among all legal heirs as per succession law.

Q: Father gave property to 1 kid only

Father registered the will on 1 kid name only. I am a girl, Can i challenge the will and take my share? If yes, on what basis? Father passed away recently. Brother want to sell the property.

Advocate Nikhil Karwal answered
Since your father has made a Will in your brother’s favour, you will not get a share if a will is genuine. Law allows a person to give his property to anyone through a Will.You can challenge the Will in court, but you will win only if you prove that the Will is not genuine (like pressure, fraud, or your father was not mentally fit).Since your brother is trying to sell the property, you should immediately go to court and seek a stay.