Advocate Nikhil Rastogi

Questions Answered by Advocate Nikhil Rastogi

Q: Can alimony be claimed in mutual divorce

Is it possible that my wife can claim alumni during or after our mutual divorce.

Advocate Nikhil Rastogi answered
Dear Friend, Yes she can claim the alumni during and after the Mutual divorce. However After the divorce the claim of Alumni depends on MOU if any signed between the parties at the time of Divorce. Alumni means she has surrendered her right to Maintenance

Q: Documents to be provided by the heirs when the owner has died

My mother and my grandmother own a house in Delhi which is registered in their names. My grandmother passed away recently and we are in the process of disposing off the house to a prospective buyer who has to get a bank loan. My grandmother had executed a will in 2004 that is registered saying after her death, that her daughter (my mother) and her 3 grandchildren including myself would become the legal heirs of the house. Now we three grandchildren have no interest in the property and would like to relinquish and want the sale of the house to happen without any hassle. Would my mother need a surviving certificate? If so how and where does she get one from? What else would be needed to proceed? My mother is in Bangalore and has all her IDs of Bangalore. Please advise how to go about the sale without any legal problems both for us and the buyer with less of a hassle. I am a Christian.

Advocate Nikhil Rastogi answered
Dear friend you can execute relinquish deed in favour of your mother. In that way the buyer will not face any problem of whatsoever nature in future. According to me that is the best solution for your situation.

Q: What to do in case of a fraudulent transaction

Hi,I would like to share an incident happened on 06th APR 18 ,A fraudulent transaction done,I got an SMS in morning related to account debit my account debited twice & total amount is Rs.131,340 I didn't get OTP . actually I got an suspicious email on 05th APR 18 in afternoon from the name of ICICI bank & mention there validate account details otherwise your account will be stop due this I replied of this mail but after replied I call to customer care & share about this experience & share that suspicious email also I request for stop all services but they not stopped on next day in morning 4 am my account was debited .so I want to know according to law who will bear the loss I updated to the bank about on that mail response by me after fraudulent activity has done kindly tell me the process so my hard earned money refund me soon ,I filled cyber cell fir .

Advocate Nikhil Rastogi answered
Dear friend, you immediately contact the Ombudsman regarding your complain. You can download the complaint form from the as well. If I am not wrong Banking Ombudsman has office in CP. Also your FIR Will help you to trace to which account it has gone. But do it immediately.