Advocate Rakshit Saran

Questions Answered by Advocate Rakshit Saran (25+ answers)

Q: Non delivery of goods after online payments

Dear sir, I made a payment to a company through rtgs to a pvt Ltd company in Ahmadabad Gujarat before six month's. The MD of that company is not supplying me machinery nor he is picking up my phone. What do I do now, pls help me.

Advocate Rakshit Saran answered
you can file a case in consumer forum of your place, wherein you have to prove the payment transaction by appropriate documentary evidence. it's a matter of breach of trust and misappropriation of money by the company. in the alternative you may also file a civil suit for recovery of money in the civil court of your district.all of the above options are available to you besides proceedings under criminal law too.

Q: A land which was on my grandmother's name

I am hindu i have a land which is on my grandmother's name when my father was alive the land was divided into two parts one for my uncle and one for my father but because my father was a cancer patient so he was not prepared legal documents for that partition now my grandmother is refusing to give us that in writted because she was under my uncle's influence

Advocate Rakshit Saran answered
you can file a case for partition in the court for seeking partition for the properties of your grandmother. in such a suit you can also make all other properties a subject matter in the suit for partition in the court. so that all properties including properties of the grandmother can be divided between co sharers.further details i can only tell once I get to see the property papers.

Q: Father married twice after his death who will be his legal heir

A person named v married two ladies....he divorced 1st lady(r)and married another....after 25 years v has died and he was a govt servant....now that lady claims that she had a baby(t) with v after 5 years of divorce...the 2nd lady also had two children from v so who will be considered as heirs of v....will that t get the some share from v's property as that lady r has no proof that t is v's son....please answer me....also provide me the legal orders or rules from where i can refer...??????

Advocate Rakshit Saran answered
It shall be the second wife and her children who have right of inheritance of v. The second marriage was dine after divorcing the first wife so first wife is no longer legally wedded wife of v. Although law provides for inheritance even out of void marriages so it depends if first wife's child is of v or not.

Q: Property grabbed through forged will

My Grand father a Hindu, had 23 acres of ancestral agricultural land at my native village.He had two sons ,after his death in 1993 ,ancestral property in his name had to be divided equally between his two sons in the absence of any will,as there was no will in existence.After his death his elder son took charge of his property in absence of his younger brother ,my father who was residing out village due to his job. My uncle residing in village got 18 acres registered in his own name and merely 5 acres in my Father's name through a forged will in cahoot of local revenue officers.Now my uncle is dead and land is in the name of his 2 sons equally divided.I want the land to be equally divided .What should I do ?

Advocate Rakshit Saran answered
well you can file a case for cancellation of will which was got executed by your uncle which you know is forged and should be cancelled. The suit for cancellation of forged will shall be filed in regular civil court and also you have to undertakes mutation proceedings in a revenue court.

Q: Remarriage after divorce from husband if we have a son

Mere or mere pati ki nhi Banti jis Karn mai apne pti se alag hona chahti hu or mera ek beta bhe hai 4 saal ka mai divorce k Dusri shadi kr skti hu?

Advocate Rakshit Saran answered
Remarriage can be done only after taking divorce from your husband. Along with divorce you shall also have take custody of your four year old minor son. Your son has to remain with you as he is very young.After taking divorce you can remarry with a person of your choice.