Advocate Nishant Solanki

Questions Answered by Advocate Nishant Solanki

Q: Can a no objection certificate from sister to brother will work for Relinquishment deed ?

We are four brothers and one sister. I have property in my mother's name, she passed away, this property is in my part. Now I want to do a Relinquishment deed, and my sister can't come for the same, but she is agree to give any kind of noc from sister to brother for property... Will it work

Advocate Nishant Solanki answered
The property is in your part by the way of some testamentary succession or an oral partition ??Nothing has been briefed by you !!Because in both cases remedy available to you is different as if it is by the way of some testament .i.e. will then you can probate the same ,if it is interstate succession then you can apply for mutation proceedings .Please fee free to contact for further clarification thanks!!

Q: what is the law for factory in residential area is it illegal?

My neighbour runs a garment factory which involves the use of industrial machinery which is a source of noise and vibrations to my home. . Several requests and quarrels with owner of factory to shift it somewhere else have not yielded any result. how can i complaint against factory noise in residential area ?

Advocate Nishant Solanki answered
Factories are not permitted in residential area therefore you can immediately issue him a legal notice you can also go ahead and file a suit for damages and injunction restraining him for doing so ..This can be done on basis of RWA as well therefore you have all the remedies please contact for further details thanks you can also file a writ in high court stating your grievances.

Q: Can I apply for divorce if my wife has an extra marital affair? I would like to know about the proce

What is the process for taking divorce due to extra marital affairs in India if my wife has an affair, especially in a situation where the law is 75% in favor of women?

Advocate Nishant Solanki answered
If your wife is extra marital affair then do you have any primary evidence on the same issues.If not then adultery u/s 497 can not be proved therefore it will be bit difficult to Claim adultery as a ground of divorce.Secondly there may be other grounds as well on which divorce can be granted.Thanks.

Q: Can I file a defamation case and claim damages from my wife for filing a false case? Can a husband f

A husband and wife have 17 year old daughter. Wife files a case under 498-A against husband but the District Court in Delhi rules in favour of the husband. The wife again files an Appeal in the Sessions Court/Metropolitan Magistrate Court and that also upheld the decision of the District Court, but directed the husband to pay a monthly sum to his daughter living with his wife for his school fees till the age of 18 i.e. for 1 year only. Now, the husband has lost of job because of the cases filed by his wife. Q1 . Can the Husband go to High Court and file a Criminal or a Civil Writ Petition , also a defamation case and claim damages from his wife for loosing his job and reputatuion ? Q2. Can the husband file for Divorce Proceedings against her wife ? Is it feasible for the husband to file this divorce case ? Can the wife demand maintenance and property from the husband ?Can he oust wife from his property ?

Advocate Nishant Solanki answered
yes all the question are valid definitely we can go ahead and file divorce proceedings against your wife.The second question that weather she can claim maintenance or not depends on the circumstances of the cases.if you are in such a condition that you are not earning therefore you should not be actually bounded by maintenance. As per the third question the wife can claim the property or not ;depends on the property that is in your name ,if nothing persists then no claim can be relied on.Therefore rest can be looked as per the facts of the case.

Q: What is the 10 rs stamp paper validity ?

Dear Sir, I have signed an agreement on 10 rs stamp paper in Delhi, but I was unaware of its validity. I need to understand the 10 rs stamp paper validity for my agreement. If it is not valid, what is the remedy? Also, is 10 rs stamp paper valid for rent agreement?

Advocate Nishant Solanki answered
The 10 rs stamp paper value depends on the nature of the agreement. It is difficult to determine whether your agreement is enforceable without knowing its exact purpose. If it involves the transfer of property or any other transaction, please provide more details to get an accurate response. Kindly reach out for further clarification.