Advocate Rajal Rai Dua

Questions Answered by Advocate Rajal Rai Dua (25+ answers)

Q: What is best way to for NRI to depart India without hurdle

Some person was harassed by police inquiry on arrival in Mumbai at airport and then also one week later. Later, someone filed Cr Complaint and lookout Notice was placed to prevent him from departing India. Police earlier mentioned to him that Lookout Notice has been lifted.What is best way for NRI to depart with official clearance to avoid hassle at airport departure.

Advocate Rajal Rai Dua answered
The most reliable and secure course is either to obtain written confirmation from the Police regarding withdrawal of the Look Out Circular (LOC) or to have the LOC formally quashed by the competent jurisdictional Court/High Court.Any oral assurance carries no legal sanctity. Removal of an LOC involves multiple administrative clearances at different levels and ordinarily requires time and continuous follow-up. Therefore, you are advised to proceed to the airport only after receiving a written confirmation of its withdrawal.

Q: Property inheritance and dispute

There was a will executed by grandfather for property who had 2 sons . There were 2 floors and one floor was given to each.My father died before grandfather . As per will in case of earlier death of legal heir the property share was to be given to their children. After grandfathers death, as my father also died intestate , for selling out floor my mother did Relinquishment on my name . Later on it came into light that will was cancelled by grandfather before he died . What happens to this RD.

Advocate Rajal Rai Dua answered
The said document is wholly inconsequential and devoid of any legal effect. The alleged authority claimed by RD was exclusively derived from the Will. Once the Will itself stood revoked/cancelled, the very foundation of such authority ceased to exist. Consequently, any power purportedly exercised by RD thereunder is void ab initio, non est in the eyes of law, and incapable of creating, extinguishing or affecting any right, title or interest in the subject property.In the absence of any subsisting testamentary instrument, the estate of the deceased devolves in accordance with the applicable law of intestate succession, and the property shall accordingly be governed by the statutory scheme of succession.

Q: how to collect Evidence of Affair in India

Hello,My husband and I are Indian citizens married and residing in different country. He had an extramarital affair and stayed with the other woman in a Delhi hotel for 3–4 days. I need legally obtained evidence to apply divorce case. I am aware of few dining areas, shopping areas they had been. Need to find hotel records is it via court order or police or through advocate? Please help advise and to get me the evidence, i am fine to hire and who is knowledge and can help me get this.TQ.

Advocate Rajal Rai Dua answered
you can move an application in court seeking records of hotel and even freezing of cdr to establish what you are alleging. so technically Hotel RecordsHotel booking details, check-in/check-out registers, CCTV footage, and payment records are not public documents. Such records cannot be directly obtained by a private individual or an advocate. However, these records can be summoned by the Court during the course of judicial proceedings, provided a prima facie case is made out and the relevance of such records is established.