Advocate Nilesh Y Thengre

Questions Answered by Advocate Nilesh Y Thengre (25+ answers)

Q: How to file FIR for lost documents of property ?

I have misplaced the property document I don't know where I have misplaced it . I want to know where should I file FIR because property in diffrent city and I live in another city and how to file fir for lost documents ?

Advocate Nilesh Y Thengre answered
u r file written complaint for lost ur property documents in nearest police station, but police has not cognizance in ur complaint.u can lodge a complaint against unknown person for stolen ur documents or etc i.e. money. then police has grievance ur complaint and lodge fir.u can aaply for certified copy of sub registrar office which was situated in ur property. and executed an affidavit for stolen/lost documents

Q: Court case pending can i get a pcc for passport ?

I am from Mumbai, but living in Qatar. Last year my husband went India to settle the property disputes with his cousins in Nagpur. During the final settlement discussion, some heated argument arises and it ended with mild violence. Next day police arrested my husband Magistrate denied bail and send him to jail. But next day he got the bail. He is an accused in a criminal case. Trial started and charges are framed. I am sure this trial will take at least 3-4 years. I am still in Qatar working and living with our children's. Now my husband's residency visa got expired and now he has to apply fresh for his residency visa. For residency visa he needs a Police Clearance Certificate which is issued from Passort Seva Kendra. 1. can i get pcc if i have pending case a criminal case and trial is going on? 2. Can he travel abroad during this trial period on visitor visa? 3. Can he apply for renewal of his passport if it is going to expire soon?

Advocate Nilesh Y Thengre answered
yes police has not clearance certificate because found criminal case is pending before Hon'ble court.1st apply passport renewal2nd procedure going on3rd verificationin case mistake they r not found in any criminal cases then passport is ready to travel.u tell ur husband to settle the matter amicably and hostile the witnessesthen ur husband is acquittal within 3-4 dates .

Q: Case was dismissed in default for non appearance can I restore the case ?

Hello, I filed a Civil Suit in May 2010, but due to non-appearance on multiple dates, the case was dismissed for default. I trusted my lawyer, but in June 2016, I found out that my case had been dismissed because I wasn't informed about the court dates.

My lawyer claimed there were many pending cases, causing delays. Now, after 5 years, I want to know: Can a dismissed civil case be reopened? What steps can I take to restore my suit dismissed for default and claim the property rights left after my father’s passing?

Advocate Nilesh Y Thengre answered
If your case was dismissed in default for non-appearance or due to lack of action from your side, there’s no need to worry. You can still restore the case and seek condonation of delay. You can explain that you had no knowledge of the case due to your earlier lawyer not properly handling it. Citations from the Hon'ble High Court and Supreme Court support your case. You can file a Miscellaneous Judicial Case before the Hon'ble Chief Judicial Magistrate to restore your case.

Q: Wife Filed Case Against Me In Domestic Violence Section 12,18,19,20,22

My wife filed case against me and my family members in protection of women against domestic violence act in section 12,18,19,20,22,23. What is this case about? Should I have to appear in court? What steps should I have to take now?

Advocate Nilesh Y Thengre answered
you can appear before the court with your family.if you are not appear and not contested the case of domestic violence filed by your wife it's means that the allegations made by your wife is true. so protect you yourself and contested the case

Q: Transfer of Father flat name..............

Hello Sir,I am a resident of mumbai and christian by faith. Currently i am living in my fathers flat since 25yrs , he was deceased 30 yrs ago. My father has 5 sons and 2 daughters out of which 2 sons and both sisters are deceased and they have their children. I want to know if i can transfer my father flat on my name and will i require NOC from my brothers who are still present or will i also need NOC from children of the deceased member of my family. So far no objection has been taken by any member of my family for that flat where i am living and i have been taking care of the maintenance and elec bills of my own throughout all of these years. Pls suggest.

Advocate Nilesh Y Thengre answered
their is no way of signed the copy of no objection paper only. all are satisfied then you can execute a relinquishment deed before Sub Registrar office. it's called Hakkasod Patra, so thereafter you can easily mutated your name in city survey department.