Advocate Rahul Rajput

Questions Answered by Advocate Rahul Rajput

Q: Allegations against husband & sister in law as in extra marital affair

Hi  Im writing ths for my brthr.am working in dubai in my company i got one visa n i took my sisterinlaw to my office.after few months i noticed that she s in a relationship with IT guy who s coming to our offc.i told her its not gud after few months my brthr also warned her.after so many issues came now she s in india now she s telling i beat her did not gave food.they are trying to put all falls in me n file case on her husband .. please advise

Advocate Rahul Rajput answered
Dear Ma'am, Thank you for choosing me as your council and i will try to answer your query in most cordial manner. Ma'am your brother have two options i.e. 1st Divorce and 2nd File a Adultery case against the person who is in relationship with his wife. Before they (wife) file a case , you should file a divorce case on grounds of adultery and cruelty. collect all the evidences against the wife and be ready for a court case. Keep one thing in mind, no matter what intimidating ways your sister in laws try, never take any rash decision and especially any violent step. At present your case is strong and try to take advantage of this situation.If there is no chance of reconciliation between husband and wife, then simply take divorce and start a new life. Ma'am your safe in these situation until you are in Dubai. I hope your query is answered and if i have misunderstood your query then please revert back.

Q: Legal remedy against high rent & electricity charges in the same area

Sir I run a library that is in commercial area.i give higher rent, higher electricity and water charges. But many library running in residential area.they gives very Low rent and electricity water charges. So where to complain for it.

Advocate Rahul Rajput answered
Dear Sir/Ma'am, Thank you for choosing me as your council and i will try to answer your query in most cordial manner. Sale and supply of electricity is strictly regulated by the State Electricity Acts. Sale and supply of electricity other than by government is strictly prohibited and your landlord cant sell the electricity to you above the tariff decided by the government. If you are resident of Delhi then first please check the tariff for residential and commercial purpose at BSES website. if your landlord is charging above the tariff rates, then file a complaint before the BSES authority and then they will take a appropriate steps against your landlord. It is advised to collect few documentary evidence to prove this fact e.g. Agreement in which he had mentioned that he charge higher than tariff rates, and also attach the same with your complaint. You can also file a case for breach of rent contract, if he is charging above the rate mentioned in the contract. I hope your query is answered and if i have misunderstood your query then please revert back.

Q: What to do if my uncle has been falsely accused for taking bribe

Sir plz reply to my question as soon as possible..... Sir my uncle is in trouble. Uncle ke shop hai kacheri me vhaa ke pathvari hai usne kisi se bribe mangi and then he call to my uncle one person is coming to you and he will give you money plz receive it I will take that money from you tomorrow at the same time the person who give money inform vigilance staff or he is from vigilance staff or not don't know conduct raid and find uncle with just 6000 and that are also fake or counterfeit notes and possible steps we can take in this regard

Advocate Rahul Rajput answered
Dear SirThank you for choosing me as your council and i will try to answer your query in most cordial manner. In India, trap corruption cases are regulated by 'The Prevention of Corruption case 1988'. under this statute, there are three components which are necessary to prove the guilt of accused. The three components are 1st Demand of bribe, 2nd Acceptance of Bribe and lastly Recovery of Bribe by the trap officer or in your case Vigilance Officer. According to facts stated by you, i am not able to find these three components in your uncle's case, so you need to clam down first because case of prosecution is very weak. I think uncle might be in custody and in that case you should first apply for his bail before the judicial officer (judge) before which the vigilance officer had presented him for his judicial custody. If the trial judge had already rejected your bail application then appeal before the session court and after that before High Court. Once the investigation officer will complete the investigation, he will file the charge sheet and trial to establish the offence would be initiated. During the trial, prosecution will try to establish the guilt of you uncle and your council i.e Defense council will defend your uncle. All you need is a good council for initial bail and afterwards a good council to defend your uncle during the trial. I hope your query is answered and please revert back in case i have misunderstood your case.

Q: Can I sell minor's share of property?

is it possible to sell minors share in the property , pleaseadvise

Advocate Rahul Rajput answered
Dear Sir/Madam Thank you for choosing me as your council and i will try to answer your query in most cordial manner. In India, rights of 'minors' i.e. person who has not completed the age of 18 years, are protected specifically by one special Act called as "The Hindu Minority and Guardianship Act, 1956". The Act protects the rights of a Hindu Minor and also deals with legal relationship with his legal guardians. According to section 4(b) this Act, there are four kinds/position/classification of 'Legal Guardian', and rights, duties and obligations of 'legal guardians' towards the minor are different depends upon there classification under the section 4(b). I am assuming that Inquirer is a 'Natural Guardian' as specified in section 6 of the Act, of minor and in that case he/she can transfer the minors's estate under section section 8 of the Act. The section 8 of Act , specifically say that legal guardian can sell/transfer the minor's estate for benefit of minor after due permission of 'District Judge'. Your application shall be moved under section 8 of Act read with provisions of 'Guardians of Ward act 1890'. The application would have to justify the need of sale for the benefit of minor. The application shall contain all the information stated in section 11 of Guardians of Ward act 1890. I hope your query is answered.