Advocate Nipun Beniwal

Questions Answered by Advocate Nipun Beniwal

Q: Regrading document verification of result awaited candidate

Sir I am result awaited candidates in  teachnical helper requriment 2018 .department allow me to take participate in requriment process but due to their hurry in document verification. I am not able to produced my document. My final result not come yet. They didn't clarify the document verification date but now they are telling that document verification will be done on 20 September 2018 and my result will come in between 15 October to 31 October. They mention only in advertisement that candidates need to produced their qualifications on the date fixed for document verification but not mentioned date of document verification in the advertisement. What I should do ?? Pls give me legal advice on this matter

Advocate Nipun Beniwal answered
We can file a writ in high court against the procedure followed by the department since it is not according to the advertisement you can meet me once and explain the matter to me in detail so that I give you better advice.

Q: Someone defrauded my father and took his account OTP and misused

My father is in Pune now he get a mobile call from any fraud person he said that if you don't tell me your ATM OTP Which arrived on your phone your ATM card will be block then they said the OTP no to that person. After that second day he got the amount deduction SMS sent by bank all the SMS come at that time.then he call me and I said you go to bank and Police station then they go there but Police officers don't written the FIR report.then they said to me then I go to Police Station but they also don't written my FIR report. Now what should I do. Please suggeste me Sir.

Advocate Nipun Beniwal answered
You can directly file a complaint in the court. The court will direct the concerned police station to file your F.I.R. Your f.i.r will be then sent to cyber police cell. You can contact me to file your complaint.

Q: Is Canadian divorce decree valid in India?

I am a Hindu girl and married a Hindu Canadian NRI guy as per Hindu rites and rituals on 22 feb 2016. After 10 months of marriage my husband filed for the divorce in Canadian court and after much deliberation on settlement terms we have decided to get the divorce. Now Do i need to file for divorce in India separately or will the Canadian decree be sufficient for me to get remarried legally in India?

Advocate Nipun Beniwal answered
Canadian divorce passed ex parte (without you taking part or appearing before the Canadian court) will not be valid in India. You have to separately file a divorce petition in India. If you are present before the Canadian court then that divorce decree is valid and you can get a decree from Indian court on basis of that without your ex husband being present before the Indian court. For further details contact me

Q: Lathe machine running beside my home in a residential area

A lathe machine factory running beside my home in residential area, when this factory is running it's generate horrible sound. please give me advise for shutting this factory

Advocate Nipun Beniwal answered
You can directly approach the high court as it violates your constitutional rights. High court can direct the body concerned to close the factory or other directions as it thinks fir contact me for further assistance

Q: How to resolve dispute in joint family property

 we have a two story house, on the ground floor I and my family lives and on the floor above my uncle and his family live. we are living together for 24 years . from last 10 years my uncle is creating problems like abusing and threatening and was not paying electricity bills . so 7 years ago my father allowed him to take a new connection on his name for that floor. now 2-3 years back and now when i was not at home he and his son beated my father and mother as my father has still not filled a complain against them. now they are saying that they will never vacate the house.as my brother is in army and i work in bank in m.p and my parents live there .House was bought by my father and the property belongs to him and is in his name(my father) it is neither joint nor encestral .if we takes a legal action how much time it will take for us to win and we force the out by any method so that there is no legal action taken against us( they have all the address proof for this address)

Advocate Nipun Beniwal answered
Such cases normally take long to get decided as there are various points a court has to look into before deciding you can file a vacation suit if your uncle has no legal right in the property you can also decide to sell the house it is a settled law that allowing someone to reside in a house on compassionate ground does not create any legal right you can contact me for further details