Advocate Rakshit Joshi

Questions Answered by Advocate Rakshit Joshi

Q: Someone people spreading rumours about me want to file for defamation

Some peoples are trying to defame me by spreading rumours regarding 377. And also pass comments for me . I m very demoralised and in depression now a days. What to do ?

Advocate Rakshit Joshi answered
is the rumor oral or written? If it is oral then that person to whom it was made or somebody else who heard it, should be ready to give evidence in your favour. Also the thing which the person said should not be true. Apart from it there are certain conditions which if fulfilled, you can file a case for civil as well as criminal defamation. The case will be instituted in the lower courts.

Q: how to raise objection in Mutation or transfer of property

• My father died on 25.2.1967 and mother on 29-10-2017. • We are 4 sisters only(legal heir). 2 of us are married and living with family in delhi and barielley respectively. • one is divorced (Sister A) and another unmarried (Sister B) (were living with my mother). ok • 4 months back a notarized (unregistered) will made in may, 2000 came to light in which she has made sister A and B only beneficiary of the property. (5 acres of Agriculture property). • They have filed an application in tehsil for transfer/mutation in their name. • The property is ancestral. (actually bought by great grandfather) • What should/can I do to challenge this. • Property belongs to RamNagar, Dist Nainital Uttarakhand We are Hindu

Advocate Rakshit Joshi answered
I presume that nobody was married when your father passed away. So accordingly the property should be transferred equally to everyone after him. Also, a will cannot be made in case of ancestral property. You should make an objection to mutation proceeding in tehsil. Also a suit can be filed challenging the will in civil court. If it is forged than a criminal case can also be filed.

Q: Procedure and requirements to file a defamation suit

My brother in Law defamed me in the entire market and shouted wrong words in the market near my house. He also defamed earlier in front of our relatives privately. He also gave dhamki that we he will put false charges against me and my mother. Can defamation case be done on this man? if yes what evidences are required?

Advocate Rakshit Joshi answered
I would want to know what exactly he said to you because merely annoying or even insulting words may not amount to defamation unless it brings down your reputation and is untrue. Since he said it in front of others, there would be many people who would have witnessed it but , would they appear in the court to testify. If both these things are fulfilled, then you may file a case for criminal defamation, as well as a suit for damages (Compensation).

Q: Can a case compromised in high court be brought back

There are two parties in my village. They had a clash over their children around 3 months ago. After 3 months of clash they made compromise in High court. Now after 3 months of compromise one party is blackmailing other party by saying that they will bring that case back. And by saying this they are demanding money from other party. My question is that if any case is compromised between parties in High court in presence of High court justice, can this compromise can be take back by any party? Or simply one party is blackmailing the other party? Please Answer.

Advocate Rakshit Joshi answered
No they cannot bring the case back like that. Once a party makes a compromise, it is bound by the terms and conditions. And if any party defaults, the other party can file a civil as well as criminal case depending upon the facts and circumstances.

Q: Where to complain about misbehaviour by drunk policemen

I was out with my friends at 3 am just 100 mts away from our house we all are neighbours and as there was no electricity so suddenly two cops came and they started questioning us and misbehaiving with us asking us to to come to ps and abusing us They both were drunk in the end they took our photographs So plesse tell me my rights and how can i sue them?

Advocate Rakshit Joshi answered
I think the right way would be to write a mail/letter to the SP (Superintendent of Police) of your area, also send a copy of the same to the District Magistrate. Since police may not register your FIR.