Advocate Salim Javed

Questions Answered by Advocate Salim Javed

Q: Durable power of attorney and will...

I need a Durable POA for medical and financial management of my elderly family member who is not able to manage on their own. Wanted to know process, timing and tentative cost. Need to execute it at home because elderly person is not able to leave.

Advocate Salim Javed answered
Kind Sir, If you wish to obtain a Power of Attorney, our initial step involves a detailed consultation to gather pertinent information and to draft the document accordingly.Should the Power of Attorney be associated with any property, the applicable stamp duty hinges upon the property's market valuation. For properties valued below 1 crore, the stamp duty stands at 4%. Conversely, properties exceeding this valuation in urban areas incur a 5% stamp duty. Please note that slight variations in these rates might exist.To proceed, we require valid photo identification from both parties involved, along with residential proof of the property, such as an Electricity Bill or Tax Receipts.Furthermore, the presence of two witnesses is necessary, each providing their respective identification proofs.Upon completion of these prerequisites, we shall proceed to register the Power of Attorney at the Sub-Registrar's office under the appropriate jurisdiction.Once these steps are concluded, your affairs will be duly arranged in accordance with the prescribed legal procedures. And You're Set!

Q: Son's right on father's acquired property

If i insist my father to invest some money in a company's share or Bitcoin for me when I'm a student. And then lets say the invested money had grown multifold (after 12yrs). Can i claim the profits as it was my plan to invest in that particular product? What proofs do i need to prepare beforehand if he doesn't give me in future what he promised initially?

Advocate Salim Javed answered
In the realm of fiduciary matters and investment holdings, when the funds injected into a company's shares or speculative assets such as Bitcoin stem from the coffers of one's biological father, a particular legal implication ensues. Upon the event of the father's demise, a consequential entitlement arises in favor of the progeny concerning the aforementioned financial assets. However, prior to the demise of the father, it is imperative to recognize and uphold the incontrovertible fact that these financial resources remain indisputably and unequivocally his own. Regardless of the accrued gains or exponential increments in value within the said investments, the ownership and rightful claim over these resources persistently vest with the progenitor. These profits, irrespective of their magnitude or multiplicities, continue unequivocally as the rightful possessions of your father.Hence, until the lamentable eventuality of the father's demise, the legal status unequivocally maintains that the financial corpus, despite any manifold appreciation or lucrative returns, remains firmly within the purview of the paternal estate, safeguarded by the legal principles governing inheritance and proprietary rights.However, you may ask your father to take those shares in your name, and in that case the shares are fixed in the name of a minor. Then, can you directly receive entitlements and even your father is compelled to hand it over to you as you come of age.

Q: To file divorce on mutual consent

My husband earns 1.30000 per month. Myself earning 65000per month. Have two children . Students. He s saying he will pay 12,000 per month only for my daughter. Son is 22 years. And nothing else. How much shud i claim

Advocate Salim Javed answered
There is no such amount which is fixed or determined by the law of the land for maintenence in a divorce case. The quantum of maintenance is determined by the court. Kindly file a petition for divorce and the court will decide the quantum of maintenance.

Q: My wife refuses to allow me in my own purchased flat.

My wife refuses to allow me in my own purchased flat 20th Math 2023. She confiscated all my belongings. I am moving and living here and there as a vagabond. My wife and her family have been cheating on me since marriage.

Advocate Salim Javed answered
You can file an FIR and get the case started. However, you will need to secure proof of the purchase of flat if it was in your name: sale deed of the flat. If the transaction was through bank accounts then the transaction history also. These documents will come in handy once the case is commenced in the civil court.

Q: OP not filling WO/WS , already 10 months has gone / Judge allowing as

Hi, \nI have filled Child Custody case on 25.07.2022 , already 10 month has gone , OP not filling WO/WS and Honble Judge allowing her every time as last chance , what to to So that I can get Custody of Child

Advocate Salim Javed answered
Ask your advocate to file a petition for transferring the case from the court of that judge to another court. Changing courts might grant you the relief of a fresh judge who might might look into the matter in a much sterner fashion.