Advocate Praveen Anand

Questions Answered by Advocate Praveen Anand (25+ answers)

Q: Live In Relationship Agreement

If we make a live in relationship agreement then can we get the police protection against assault or harassment by family or society?

Advocate Praveen Anand answered
Yes, individuals in live-in relationships can seek police protection if they face assault or harassment by their family or society. They can approach the police under BNS sections, seek protection orders under the Domestic Violence Act, and rely on various judicial precedents that affirm their right to live together without fear of harm. The live-in relationship agreement itself may not be legally binding in terms of formal recognition, but it can serve as evidence of the relationship's existence and may assist in proving the need for protection.Importantly, the police are legally bound to take action and provide protection under the relevant sections of the BNS and BNSS, and the courts can intervene to ensure that an individual's rights are safeguarded in case of any threat or violence.

Q: Running clinic from home is it legal

I am a qualified paediatrician, with proper registration, I am running clinic from residence in coop hsg society.Chairman n treasurer are objecting n not allowing patients to enter society.Please advice what action can be taken.

Advocate Praveen Anand answered
Many doctors face resistance from their housing societies when running clinics from their residences. However, under the Maharashtra Cooperative Societies Act and UDCPR Rules, qualified professionals have the legal right to operate small clinics from their homes. Societies cannot restrict patients from visiting if it is done within legal guidelines.If you're facing objections from your society, I can help you understand your legal rights and the best course of action. Contact me for expert legal guidance on cooperative housing society disputes.just a glimpse:Right to Practice Profession:As per Article 19(1)(g) of the Constitution of India, you have the fundamental right to practice your profession, including running a clinic from your residence.According to Bye-law No. 50(a) of the Maharashtra Cooperative Housing Society (MCS) Model Bye-laws, a member can use their flat for professional purposes (including a clinic), provided it does not cause nuisance or inconvenience to other members.Section 151 of the Maharashtra Cooperative Societies Act, 1960 allows societies to take action only if there is an illegal or unauthorized activity.UDCPR Provisions (Unified Development Control and Promotion Regulations, Maharashtra, 2020):Regulation 14.4 allows a doctor to run a dispensary or clinic from residential premises, provided it is within the permitted size and does not alter the building’s character.Regulation 14.6 states that such use is permissible in cooperative societies without requiring special permission.Action Against Society’s Obstruction:Issue a legal notice to the Chairman and Treasurer, citing your legal right to run the clinic.Complain to the Deputy Registrar of Cooperative Societies: File a complaint under Section 78 of the Maharashtra Cooperative Societies Act, 1960 for obstructing your lawful business.Approach the Consumer Forum: Since you are a member of the society, you can file a complaint in the Consumer Disputes Redressal Commission for deficiency in service.File a Police Complaint: If the obstruction continues, file a police complaint under Section 341 of the IPC (Wrongful Restraint) for preventing patients from accessing your clinic.kindly note: Need to connect for detailed remedies

Q: city survey office delay in adding name on property card

The apart. was build on the wrong CS number "given by city serve office, thier mistake". the party got the name registered on his number in 2009. but flat owners names were not transferrd to true number. we followed the matter through the city servery court. the judment favoured us 2020. Apart was given correct CS number. court directed city servey to transfer all flatowners names on property card. we made the appplications but name not yet on P card 7 months. what to do?

Advocate Praveen Anand answered
I understand your concern there are a lot of clear, structured and action driven remedies that is:since the City Survey Office has not updated the Property Card despite the 2020 court order, they are in contempt of court under Order 39 Rule 2A of CPC (Civil Procedure Code, 1908) and relevant provisions of the Contempt of Courts Act, 1971.Right to Property Record Correction: Under Section 148 of the Maharashtra Land Revenue Code, 1966, the City Survey Office is legally bound to update property records as per court orders.

Q: Registered gift will on ancestor property donee grandson

I had filed a case last ten years so I asked for roznama and other documents under rti after filling my first appeal the rti officer send me rti reply through ordinary post stating to give me affidavit and didnot inform about the rti fees and told me to visit court and take the required copies .is it compulsary to give affidavit for my case thank u

Advocate Praveen Anand answered
As per your short information you provide, your remedies are following Under Section 7(9) of the Right to Information Act, 2005, information cannot be denied on arbitrary grounds. The RTI officer must provide the information in the requested form unless it disproportionately diverts resources. The RTI Act does not mandate an affidavit for seeking information. Any such demand is unlawful. As per Section 7(3), the PIO must inform you about applicable fees in writing. Failure to do so is a violation. RTI replies should be sent through a registered post or another trackable method to ensure delivery, not an ordinary post.Lodge a complaint under Section 18(1) for non-compliance with RTI provisions.Seek penalty under Section 20 against the PIO for willful refusal or delay.

Q: Fraud Issue done by people who wanted to shift to our Flat.

3 people liked the our flat for rent. They paid 21000 deposit. rent was 10500. 14000 was spend in repairing the house. They told the rent They will give in will pay later. Agreement was done from our side. They were ready to shift. But suddenly they told that they want to continue in old flat in last moment. Home repairing work is done already done. We cannot return the security deposit as my mother has injury in thigh joint, I am not doing the job. We are facing financial issues.

Advocate Praveen Anand answered
Following are the suggestions based on your enquiry:Negotiate – Try to settle with the tenants by explaining the incurred expenses.Send a Legal Notice – A lawyer can draft a notice stating your right to retain part of the deposit due to their last-minute cancellation.File a Case – If they take legal action against you, you can counterclaim for losses incurred.You can approach the Small Causes Court (Rent Court) in Maharashtra to claim compensation for your financial losses.Under the Indian Contract Act, 1872, you can claim damages due to their non-performance of the contract.