Advocate Samina Mirza

Questions Answered by Advocate Samina Mirza

Q: Paid money for commercial upfront, but builder not returning money

Hello,I paid to a builder huge amount upfront in bank transfer with an understanding of getting a large showroom. Now the builder is delaying the project and has handed over the property for construction to at third party. I would like to have my money back, but the builder is simply giving excuses. How can I get my money back. The only detail I have got is the bank transfers that I have made to the builder.Thank you for your help.

Advocate Samina Mirza answered
no doubt the builder has cheated you. you can initiate legal proceedings against him to recover the amount. the bank transfers of the amount are good enough to prove his liability. you mat begin with a legal notice and proceed further.

Q: False Complaint Charge By Other Party

Dear Sir, One my friend take money from me for his personal reason before 3 years, while I am asking for money back, he making false complaint against me of threatening and fighting. Now he first register false complaint at SP office, even through I have all documents proofs, complaint came from SP office, local police not cooperating me, they are filing case without investigation, kindly advice.

Advocate Samina Mirza answered
if you have all the documents with you then your position is strong. please take proper legal advice by discussing as to what exactly are the allegations put against you. if you take proper measure beforehand and can prevent the lodging of FIR, it will be good.

Q: Issues from wife and in la-ways

I an 38 and have 8 yr marriage , from starting there was a issue from my wife and in-laws , starting they use to interfere in my family matter and personnel matter at very low then slowly it is as per then i have to live my life . once i stated pointing there limits then they stared putting false blame on me and my family and started to defame my name in society when i ask then to prove the blame then again the started putting new blames. when i ask my wife if you do not want to live with me leave me.but she says i will not leave you like this will make you suffer for whole life. now from past one year she is living with there parents and crating issues for me and my family , so what can be done in my case

Advocate Samina Mirza answered
you can proceed with restitution case whereby you can ask your wife to come and reside with you. on the alternative you can proceed for divorce case. it will be clear to your wife that you have taken strong measures and she will be forced to take a stand.

Q: False dv case filed by wife against me. Kindly guide

My marriage date 19.11.2019 in dehradun. I returned with my wife and parents after marriage to my home on 21.11.2019. On 23 and 24.11.2019 we all were in shirdi. My wife behaviour bit rude. She was keeping distance from me. So on 25.11. 2019 to 26.11.2019 I went to work. She returned to Dehradun on 28.11.2019 as her ticket was booked before ad per her request. Then she never called me. She and her family even not invited us in my brother in law marriage. On Nov 2020 she send notice through mahila thane. My wife is also working in police. Then I send her notice through lawyer within 15 days and also to mahila thane and requested her to come and cohabit with me. But on Feb 2021 she filed dv case with false allegation

Advocate Samina Mirza answered
you will have to appoint a lawyer and face the dv proceedings. meanwhile you can also proceed for restitution case. if the allegations are false then you have good chances of facing thr case successfully. for further discussion you can call me.

Q: Counter Case Timing and Sections against Extortion for Settlement

My wife has filed a complaint against me in CAW (498a). One counseling session has taken place and the CAW cell tried to reconcile but my wife has decided not to. She has simultaneously filed CRPC 125 for maintenance hiding all her education and work details. The wife's family is now asking Rs 50 lakh to settle the matter. We have a recording from them stating because we dint cooperate with them they decided to complain. 498a is yet to be registered, can I file counter case before 498a? or wait till 498a and charge sheet is filed? We both live in different states and hence using women-centric laws they are harrasing us? is there a way for us to bring them to our city courts? if yes, under which sections?

Advocate Samina Mirza answered
since states are different, attending the day to day court and police station becomes a harassment. if you have sufficient grounds, you should go ahead with filing counter case. that will be a good move. for further discussion you can call me.