Advocate Sandeep Raghunath Jadhav

Questions Answered by Advocate Sandeep Raghunath Jadhav

Q: Mobile company Denying the replacement of screen

I purchased a mobile which was launched around May 2019. The Screen was broken and i submitted the mobile to repair centre. They came back saying that the manufacture of mobile as well as spares has been stopped and its End of Life for that model. The phone can not be repaired now. It was a 35000 Mobile phone and they have stopped supporting the repair just in 3 years. Can any legal action be taken ?

Advocate Sandeep Raghunath Jadhav answered
you can go to consumer court and file complaint against manufacturing company as well as seller their you will get justice. consumer forum is for consumer rights you may file simple application with bill and all incidence till date.

Q: POCSO अंतर्गत 354 दाखल असताना परत 376 दाखल करणेबाबत

एक केस मध्ये प्रथम pocso अंतर्गत 354 दाखल झालेला आहे पण परत त्याच मुलीने ती 4 महिन्याची प्रेग्नेंट असून तिला 376 दाखल करायचा आहे त्याच आरोपीविरोधात तर मी या मध्ये IO आहे मी 376 हे कलम पहिल्या fir मध्ये add करू का नवीन fir दाखल करू कृपया मार्गदर्शन करावे

Advocate Sandeep Raghunath Jadhav answered
त्याच Fir मध्ये add करा crpc 216 नुसार तुम्ही PP ला अर्ज द्यायला सांगा. 216. Court may alter charge. (1) Any Court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary. (5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Q: Co-borrower in home loan with father now others are also asking share

Iam a co borrower in home loan with my father.after my fathers death my brothr and sister file suit for equal share. In same property. Hindu

Advocate Sandeep Raghunath Jadhav answered
they can get rights in flat limited to fathers 1/2 share and not in your 1/2 share. you are the 1/2 owners of flat as per sale deed while your father also 1/2 and your brother and sister can only claim 1/2 share in flat as a legal hairs and you as well as your mother also legal heirs so they can get only 25% share in flat if your mother is still alive

Q: Is it necessary to put all legal heirs to execute relinquishment deed

A Hindu person expired intestate. There is land on his name. He has wife, two sons and two daughters (already married). Family want to transfer the said land in the name of two sons by executing 'Relinquishment Deed' by wife and two daughters. However, the Sub-Registrar insist that the names of all heirs should be recorded on the 7/12 extract of the said land before executing proposed relinquishment deed. However, family want to executive the relinquishment deed before and transfer the land in the name of two sons only. Kindly guide whether it is necessary to have names of all heirs on the 7/12 extract of land mutated before executing 'Relinquishment Deed' in the office of Sub-Registrar.

Advocate Sandeep Raghunath Jadhav answered
yes sir it is legally necessary to mutate the names of all the legal heirs in 7/12 extract and after that you mother as well as your sisters can execute relinquishment deed in your and your brothers favor. there will 2 mutation entry on 7/12 first as a heirs ship and other is registered relinquishment deed.

Q: Builder asking for transfer fee when i went to get house registered

I booked a flat 6 years ago which is completed 85 percentage of work till date. Now I want to sell it when I approached builder for my registration he is not ready for registration and on top of it he is asking that I need to give him in writing that I will pay Rs 200 per square feet to him whenever I sell it to someone.

Advocate Sandeep Raghunath Jadhav answered
you may file suit for specific performance in civil court to purchase the flat builder is legally bound to complete the building within 2 years from the date of commencement certificate and obtain completion certificate. in your query you didn't mention whether you make registered agreement with builder