Advocate Rajesh Ramprasad Jaiswal

Questions Answered by Advocate Rajesh Ramprasad Jaiswal

Q: Illegal possession of Pagdi room

We’re 4 siblings and our father had bought a room in a chawl on Pagdi system 40 years ago. Our elder brother illegally transferred room on his name without informing other siblings about 35 years ago. Our father was totally illiterate and blindly signed the transfer papers. Father was bed ridden and critically ill. How can we prove that elder brother cheated our father and other siblings ?

Advocate Rajesh Ramprasad Jaiswal answered
first upon seeing the income source before 40 years at the time pagdi amount... then who comes to possession and paying taxes and others charges chawl room as well as chawl room revenue record in whose name thereafter at the time of next transfer of elder brother, next why not taken action at time of transfer, delay reason , collect all relevant documents and contact your nearest lawyer and take appropriate steps

Q: Lawyer Asking Me to Withdraw Maintenance and Residence Applications

My divorce case has been pending for almost 2 years. My lawyer filed applications for maintenance and residence in the Family Court under the DV Act. For the last 6 months, there has been no progress. Now my lawyer is advising me to withdraw the maintenance and residence applications and file a separate DV case in criminal court. I am unemployed and cannot afford multiple cases. Should I withdraw the existing applications? What are the consequences? Should I seek a second legal opinion?

Advocate Rajesh Ramprasad Jaiswal answered
The family court has no jurisdiction for the domestic violence act.... in divorce petition before the family court you can file an interim relief maintenance petition ... you can permission to withdraw domestic violence petition from the family court subject wrong jurisdiction and to file fresh domestic violence petition before proper court...

Q: demand of dowery,not fulfilling demand behave with cruelty with wife

son in law because of not fulfilling demand of dowery ,behave with cruelty with wife not provind food, he strangled her twice and burst her ear once, and tells her to get hit by a truck and die. What is legal remedy

Advocate Rajesh Ramprasad Jaiswal answered
numbers of remedies available for this violence... first upon if you want strict action against him then you may lodge a report against him to the police... then you can also file a number of petitions against him just like a maintenance petition, domestic violence petition and other better way settled matter within help of family members or friends if not settled then contact your nearest lawyer discuss with him and take appropriate steps...

Q: demand of dowery,not fulfilling demand behave with cruelty with wife

son in law because of not fulfilling demand of dowery ,behave with cruelty with wife not provind food, he strangled her twice and burst her ear once, and tells her to get hit by a truck and die. What is legal remedy

Advocate Rajesh Ramprasad Jaiswal answered
numbers of remedy available to the wife like loged report against the husband in the police station, domestic violence petition can also file, maintenance petition or any other, try to settle matter out of court though reletives or friends or contact women legal cell or contact your nearest lawyer discuss your problem and take necessary steps...

Q: Manage property as divorce case is already filed

Divorce filed in 2014, flat purchased after filing divorce in 2016 and divorce is still pending. I want to save my property from alimony case/ situation and want other options like making trust or transfer property to other known person like that. Overall I want to show my finance status as it was at the time of filing divorce case. As I m working in same company since last 15 years with no significant salary hike.

Advocate Rajesh Ramprasad Jaiswal answered
alimony amount depends upon your income, your expenditure and expenses on your dependents property transfer by making trust or other known person rather than more risk to show to your own property, or unnecessary create legal issue with transferry, misuse the property and other... so it is better way to decide matter as early as possible or settled matter amicably or direct approach to opposite party and settled matter...