Advocate Rajesh Singh

Questions Answered by Advocate Rajesh Singh

Q: Complaint against husband and in law for domestic violence

My husband misbehave me n my family for money.he is asking not to talk on phone even to my family.he misbehave my parents coz they have not spent money in marriage.he abuses me.my in laws also try to make him understand to avoid such things but he pretend he won't repeat but he do and tell a lie about his abuses while discussing.he frequently says sorry n make same issue weekly.

Advocate Rajesh Singh answered
Woman are protected by various law in the India. you can file the Complaint under Domestic Violence Act as well as under section 498A of IPC for cruelty. You may stay separately and asked for maintenance, shelter etc.

Q: Clarification regarding family dispute over property

I am a hindu. My brother had brought a property in the year 1996 in the name of our mother. The said property was brought from the income from our dad's business. Who was ill during that period and so the business was being handled by him. Now he is refusing to give any share in that property claiming that he is the rightful owner of the property.

Advocate Rajesh Singh answered
You are talking about property stands in the name of your mother, if your mother is alive, she is entitled to use the same as per her own wishes. however if she died without any Will, than both the brothers have equal rights. You can file civil suit for your share.

Q: How to apply for legal heir certificate

Dear Sir/Madam, Father expired 9 years back, now need to apply for Legal Heir Certificate through my Mother. I would like to know the process, procedure and where to apply. We are residing at Perambur, Chennai

Advocate Rajesh Singh answered
Before answering your question, one has to see what is purpose of succession certificate. If you want for claiming any movable or immovable property of you parent I the city of Mumbai, you have to file Petition in High Court or else such certificate could be issued by even Tahsildar also.

Q: Whether the registration is sufficient for buying property

Sir, I have purchased a two BHK flat in Panvel (Navi Mumbai) for Rs. 76 lakhs. I have registered the purchase of flat at Sub Registrar Office, Panvel. Whether In addition to this, I have to go for any extra documentation under Section 269-AB of income tax for the purchase of mentioned property. I need to incur an advice whether registration at Sub Registrar office is sufficient for fulfilling Section 269-AB requirements.

Advocate Rajesh Singh answered
After purchasing of flat under registered documents, if the society is form, you have to also apply for joining you as member in addition thereto if you have any doubt about tile, you may give public notice also

Q: Can I challenge the report of family welfare committe?

My wife complained to women's cell of police. After two rounds of counseling police forwarded it to the family welfare committee of district legal services authority. At FWC, I attended the counselling. I was ready to take her back, but my wife refused and said that she is not safe with me. FWC has submitted report to the police station to lodge an FIR (498a) against me. FWC has mentioned in the report that 'on basis of complainant's oral and written statement, it can be said that complainant's allegations are true, so FIR should be lodged'. FWC has not gone through any evidences though I was ready to present phone recording in which she is saying that I have not beaten her, abused her and never asked for money. On which basis, FWC has given such report? Can I challenge this report? I have a strong doubt that my in laws have managed the committee, cause my brother in law frequently said that they can manage all police and judiciary.

Advocate Rajesh Singh answered
Sir, you can't challenge the report but in case of registration of crime U/s. 498A, you would receive notice from police and then you are advice to take anticipatory bail from competent court of law and further you may apply for quashing of the FIR.