Advocate Ram Prakash

Questions Answered by Advocate Ram Prakash (25+ answers)

Q: Can a will be challenged after twelve years of drafting? What is the time limit to challenge a will

Can a will be challenged on grounds of fraud even after 12 years to protect my rights? What is the time limit to challenge a will in India, and can a will be contested after 20 years?

Advocate Ram Prakash answered
Yes if the person who executed the WILL and he is still alive then he can change or revoke his will. By writing second will will also nullify the effect of first WILl. Hence these two options are available.

Q: Time limitation for filing review petition against a High Court's order

There is a time limit for filling a review petition against a court order passed by highcourt if the opposite party's SLP has been dismissed by supreme court? In this case, in which time(time limit) order passed by highcourt should be followed.

Advocate Ram Prakash answered
30 days from the date or order but in certain circumstances the delay may be condoned if genuine reason for not filing the review is shown. Review petition is seldom allowed as the case must be strong enough to satisfy the consciences of the judges.

Q: Is it possible to file a criminal case after 10 years? What is the time limit for filing a criminal

Can I file a case after 10 years? In 2008, I was assaulted by a man, went to a government hospital for medical treatment, and tried to file an FIR at the police station. However, the police did not take my complaint seriously and did not accept my FIR application. Around that time, my brother had a serious accident, so I couldn't pursue the FIR. Now, that same person is threatening me again. I want to file an FIR based on the medical records and severe injuries from that incident. Please help me.

Advocate Ram Prakash answered
No, you can't take advantage of previous medical that has become too old, as according to you, 10 years old. If that person hurts you again, then you can lodge an FIR. In case police does not register your FIR then you can send your FIR to police station and SSP through registered post and file a petition in concerned court for a direction from court to the police to lodge your report and in case court refuses to give direction for registration of FIR the your petition shall itself be treated as Complaint case and after taking your evidence court shall summon that person before court and if you prove your case in court then that person shall be awarded punishment according to law like sentence of imprisonment.... Regards.

Q: How can a rape case filed against a person be withdrawn? Can a rape victim drop the charges?

Sir, I was in a relationship with a man for three years and had physical contact with him. He married another woman without informing me and continued our relationship. After his wife and I discovered the truth, we both filed a rape case against him. The magistrate has recorded our statements, but now his family is in dire straits, and I am feeling uncomfortable about the situation. Is there any possibility for me to withdraw the case? Please advise if it's possible to drop rape charges.

Advocate Ram Prakash answered
You have not stated as to what statement both of you gave before the magistrate. I m supposing that you gave statement against the person and in that case and that may land him in trouble. You can't compromise in the case as rape case is not compoundable but there is a way out and that is if evidence is led against the accused person you may retract from your previous statement by becoming hostile and that may save him from the case.

Q: What to do when there is harassment and divorce case filed by husband

I m facing a lot of problem .my husband and my in-laws expel me out. I put dv and maintenance on them. They filed for divorce. They cheated me from starting. But I don't want to get divorce I face a lot. now 4 yr complete I get nothing only date pe date and harassment. I have two daughters and I don't understand what to do.

Advocate Ram Prakash answered
Divorce case filed under section 13 of Hindu marriage act is not so easy as every allegation levelled by your husband is to be proved beyond doubt. I don't know on what ground divorce has been filed against you.