Advocate Palak Nenwani

Questions Answered by Advocate Palak Nenwani

Q: Procedure of Partition on joint property(vacant land)

Hi, I am a separated female & got married according to Hindu marriage . I have a property with joint ownership of 50-50 with my husband. He is not giving me the money of half share nor is he giving me half portion of the land on papers though I am the joint owner. I want to file a partition suit . Can you pls confirm about the court fee. I got to know that court fee is 8% of my share of property. But we both are not living on the land and its vacant through its in our possession on papers. I just want my share of 50% . Pls guide.

Advocate Palak Nenwani answered
You can simply file a suit for possession and injunction to save the court fee and then claim the land in your favour. Even if you file for partition exemption from court fee can be pleaded for time being

Q: Query regarding Credit card and loans payment issue

I have not recived legal notice by saying that the person is not living at the same adress and retruned the notice . Because i can not repayment due to losse in work

Advocate Palak Nenwani answered
you can simply write an email explaining your financial conditions and thereafter you can also make a settlement for when you will be able to return the amounts and can fix for EMI's as per your financial condition

Q: What to do if I'm not ready to pay interim maintenance

Today, 26.09.18 was my 1st date of hearing u/s125. We (me+my lawyer) expecting a date for submitting our reply, affidavit etc. my last unsuccessful mediation date was 22.09.18 from where case is back to magistrate. During hearing judge didn't listen anything about my concern, just asked salary and company name and give a judgment of interim maintenance of 20k per month while my salary is just 40k and my actual liability is approx 35k. It is really a surprised for me as well as my lawyer that judge even don't want to entertain our side. need immediate help and suggestions

Advocate Palak Nenwani answered
you should immediately file for a revision or review of the order before the execution of the order is filed by your wife. you have 30 days time to approach the higher court and so that a stay can be granted against the maintenance decided by the Family court judge

Q: A cheque of 16 Lakh issued by a Property dealer in Nov 2015 Bounced

Cheque of rupees 16 lakh issued by Property dealer bounced against property which he could not hand over me at promised place.just after bounce of Cheque,he told that he will pay it soon and not to take legal action.since then,I am following him and not getting any response.please suggest what to do further and please tell fees amount.lt will be better for me to pay fees on the basis of percentage of fees amount after receipt of money of Cheque.

Advocate Palak Nenwani answered
the validity of a cheque is for 3 months but on the basis of your claim you can file a criminal complaint against the property dealer and sue him for cheating and other other fraudulent activities done against you.

Q: Wife left 3 months old child now coming back for the custody

wife left 3 month child before 4 month, now asking for custody, pl hlp relegion hindu

Advocate Palak Nenwani answered
although the natural guardian of a baby is her mother but since her conduct has been such that she left an infant child so you can lodge a complaint for the protection of the child and then file case for custody