Advocate Priyanka

Questions Answered by Advocate Priyanka (100+ answers)

Q: House lease issue the house owner bought the amount from me

I have given 5lakh rupees to house owner for lease .but the house owner not giving tha house and money .now what I need to do please advise I need your help

Advocate Priyanka answered
Dear Client,1. If the house owner has taken ₹5,00,000/- as lease advance and failed to give possession or refund the amount, it constitutes breach of contract and cheating; you should immediately issue a legal notice demanding refund with interest, and if there is no response, you can file a police complaint and/or a civil suit for recovery of money with interest and costs, supported by proof of payment.2. Consult an advocate to discuss your case in brief.3. You may schedule an appointment regarding your case by phone or email at your convenience.Thanks & regards, Priyanka Advocate Coimbatore

Q: Relationship check for marriage

Hi I am planning to marry my mothers elder sisters husband's brothers daughter , we both like each other but family opposing saying that it is prohibited, is it legal to marry as per HMA other laws please reply.

Advocate Priyanka answered
Dear Client,1.The relationship described—your mother’s elder sister’s husband’s brother’s daughter—is not within the degrees of prohibited relationship and not a sapinda relationship under Sections 3(f), 3(g), and 5(iv) & 5(v) of the HMA. Therefore, there is no legal prohibition under Hindu law. Family objection is social/customary, not legal.2.Consult an advocate to discuss your case in brief.3. You may schedule an appointment regarding your case by phone or email at your convenience.Thanks & regards, Priyanka Advocate Coimbatore

Q: Transfer of FIR and chargesheet from AP to TN

I married to a person from AP and have 05 years old son. He absconded from the family from June 2022. I complaint to NCW. NCW sent the letter to DGP/ TN. But DGP TN directed to DGP AP. Based on this AP police filed FIR on 11.3.23. Now the charge sheet is filled in AP. I am forced to appear. I have to travel 200 km. Now my son is going to school. As I am living with my parents in Chennai, the case is required to be transferred from AP to Chennai. What to do?

Advocate Priyanka answered
Dear Client,1. You can request transfer of the criminal case from AP to Chennai by filing a petition before the Supreme Court under Section 406 CrPC seeking transfer of the FIR/charge-sheeted case to a court in Chennai on the grounds of hardship, safety, long distance, child’s schooling, and the fact that you are the victim/complainant now residing permanently in Tamil Nadu; courts often allow such transfers when the complainant is a woman with a minor child and repeated travel causes serious difficulty, and until the transfer is decided you may also file a petition for exemption from personal appearance before the AP trial court so you don’t need to travel for every hearing.2. Consult an advocate to discuss your case in brief.3. You may schedule an appointment regarding your case by phone or email at your convenience.Thanks & regards, Priyanka Advocate Coimbatore

Q: Previous Institution denying Transfer certificate

My son discontinued his BE due to personal and health issues and has joined an arts college. The present institution is asking for TC to complete admission process but his previous Eng college is refusing saying fees are pending. Can I file a case.

Advocate Priyanka answered
Dear Client,1. Yes, you can take legal action because an educational institution cannot legally withhold a Transfer Certificate (TC) for non-payment of fees, and the Supreme Court and various High Courts have held that TC and educational records are student rights, not security for fee recovery; you may first send a written representation to the college and the University, and if they still refuse, you can file a Writ Petition under Article 226 before the High Court seeking a direction to immediately issue the TC, while the college is free to separately claim any pending fees through lawful civil process, but they cannot block your son’s future education by holding back the TC.2. Consult an advocate to discuss your case in brief.3. You may schedule an appointment regarding your case by phone or email at your convenience.Thanks & regards, Priyanka Advocate Coimbatore

Q: Forgery of car parking diagram

We are living in an apartment . few flat owners rejected the car parking diagram initially given to all owners by the builder as part of the joint venture agreement . these problematic owners created a false car parking diagram with the seal & signature of the builder and , marked the parking slots based on this forged diagram . Because of this , three other flat owners including me lost their parking rights given by the builder . can we initiate a criminal case against them . police no help .

Advocate Priyanka answered
Dear Client,1. Yes, you can initiate a criminal case because creating a fake car-parking diagram using the builder’s seal and signature amounts to forgery, cheating and criminal conspiracy, punishable; if the local police are not registering your complaint, you and the other affected flat owners can file a written complaint to the Superintendent of Police and if still no action is taken, you may file a private complaint before the Judicial Magistrate, requesting the court to order investigation and register FIR for forgery and cheating, along with seeking protection of your original parking rights based on the genuine builder-approved plan.2. Consult an advocate to discuss your case in brief.3. You may schedule an appointment regarding your case by phone or email at your convenience.Thanks & regards, Priyanka Advocate Coimbatore