Advocate P. B. Merchant

Questions Answered by Advocate P. B. Merchant

Q: Share of daughter in father's property if parents got divorce

One of my relatives father had a property, but her father divorced her mother, when she was 5 years old. In the later stage mother remarried to another man and she took care of her daughter and her daughter now got married and by profession she is teacher, meanwhile her 1st father, who divorced her mother expired recently leaving some property behind him without making any will. Since he has not remarried or nor he has adopted any one and my relative is the only child to him, can she claim the property which is belongs to her father? under which law? please help. Her fathers distant relatives like her uncle, aunty are claiming the property. 14:29

Advocate P. B. Merchant answered
The answer depends whether the property is ancestral or self acquired . Please inform from which religion you relative belongs? She can inherit provided the property is self acquired property of her father.

Q: Creating nuisance in the name of sports in residential premises

People belonging to the building as well as others(kids and adults) create huge noise in the name of sports and it is unbearable on Sundays only in the premises near to my room and no where else. They call people to deliberately shout and disturb us. Also they consume alcohol keeping the bottles in front of my room. We lost our privacy as they have also made their ways behind our toilet and bathroom. Is filing a case against them valid? We need peace.

Advocate P. B. Merchant answered
You can make application with the police machinary for taking action U/S 133 Cr. P. C for removal of nuisance.You can file a civil suit for permanent injunction praying that defendants be restrained from using way near your toilet and bathroom which intrudes upon your privacy.

Q: If a voter votes for 4 times can a stay be taking on this issue

If a voter votes for 4 times can a stay be taking on this issue

Advocate P. B. Merchant answered
Yes,provided you can prove with documentary evidence that one has voted for 4 times.The granting of stay is the discretion of the concerned court.you will have to file election petition and in that petition you can pray for stay

Q: Procedure in case the cheque drawer wants to settle for cheque bounce?

I borrowed forty thousand rupees from a friend, we were writing a story together. I gave him a cheque which the 13th of February which bounced. He went to the police station to file a complaint but the cops told us to settle the matter among our self. I am willing to pay him the money but he is asking for 6,5000 to settle the matter. Also he said he has prepared a bill of twenty two lakhs and will sue me in the court.he is going to file the case is another city. What should I do?

Advocate P. B. Merchant answered
Your liability is restricted only Rs 40000 being the amount of cheque.The holder will have to issue you a notice of dishonour of cheque and legally if you pay the amount of cheque within the period of 15 days from the date of receipt of notice then there can't be any criminal case against you.After filing the civil suit for 220000 you can email the copy of plaint.After perusal of plaint only the query of jurisdiction can be answered

Q: Judicial Separation necessary after staying away earlier for 1 year?

Me and my husband are not living together for more than 1 year after marriage .. we always quarrel ...his behavior is not so good . we have different views and thoughts which does not match ..this all get cleared after marriage. so as their was always quarrels in between us , I stayed away from my husband for job since 1 year. so my query is that ..can he or court force me to stay with him for 6 months after filing divorce ? As his behaviour is abusive, I avoid to talk and stay with him. so my query is that ..can he or court force me to stay with him for 6 months after filing divorce ?

Advocate P. B. Merchant answered
Your husband or court can't force you to stay with your husband because there is no such provision In any law in India.Filing of divorce petition itself implies separate residence of both husband and wife.