Advocate Shiv Shankar Shaw

Questions Answered by Advocate Shiv Shankar Shaw

Q: Someone took money from father and committed fraud

For 2 to 3 years a certain person takes money from my father around 10 to 20 thousand monthly ...under the promise that we will recieve 100s of crores from some project..he says its all govt oriented .I suspect ed fraud from the first day now this person has acquired around 5..to 7 lakh from my father . My father still has 100 percent belief ..but I want to do a police complaint. .so looking for legal advice on how to approach police as there are chances of my father getting trapped in this..can anyone please help on this

Advocate Shiv Shankar Shaw answered
first u hve to file a case u/s. 107 cr.p.c. therafter u hve 2 file a criminal case u/s. 420 i.p.c.and lastly u have 2 file a civil case for recovery of money but for recovery u have to bring the receipt which u had receive from that person

Q: Legal rights for equal proportion in property of deceased father

My father had an untimely n sudden death. My mother is holding all assets being the nominee, n currently she is not giving a single penny to me /my daughter bcoz internal friction within family. I have got an elder sister as well who is also married. Can I claim legal rights in equal proportion to all assets of my father. Why if my mom give away the money to others? We are a Hindu family

Advocate Shiv Shankar Shaw answered
u can file a civil suit against ur mother for the partition of property of ur deceased father.exception case :if in ur father bank account, ur mother has nominee then u can not claim the money.if ur father in his life time made any will for any movable or immovable property in favour of ur mother then u can not file civil suitbut ur father died without any will then u can file for the right of equal share from ur mother.for better suggestion u can contact me

Q: How to take divorce from wife as she always quarrels with parents

My wife keeps complaining about me and my parents. There is a big fight every 1-2 months and she blames me if I talk to any lady. There is no trust from her side. I work in a company where by default there are working ladies. I can not go out on office parties or trips as she threatens every time such events get organised.It’s like all our fault. I was hit by a running car last year resulting in knee surgery and metal grafting. Hence sexual life is obstructed for time being. My wife has gone to her parents house after fights with my father mother and me.we lived in Gujarat for last couple of years and have recently shifted to Kolkata.i had to silently tolerate all her abuses /mistrust in Gujarat .What should be my way ahead. Neither me nor my family is interested of carrying on with her. We have no children and married for 2.5 years. I am fed up with her. She is a housewife. She does not care a bit about my parents. She always speaks good about her paternal family and relations.

Advocate Shiv Shankar Shaw answered
you can take divorce from ur wife on cruelty base and u can also show the reason that ur wife has not interested on you. and she many time use to live at her paternal house.u can file 13 of hm act.for better suggestion u can contact me..

Q: Legal action against running a factory in a residential area

Can a factory( Bakery) should run in residential area...?? It should noise and air pollution... Machine was very noisy but our local people take some money from the factory owner for no objection.. But I want to close it... How can I apply or complain..??

Advocate Shiv Shankar Shaw answered
first u have to complain to ur local councillor and mayor regarding the noise pollution and if u are not satisfy with ur councillor or mayor then u have to file civil suit against the bakery. on the other hand. u can also complain against the bakery to food & safety officer regarding the matter

Q: Brother's wife threatening to file false case of Domestic violence

Hello sir, I am married and I am shifted to my father's house & living there permanently.My brother's wife's house constantly give threat to my brother of putting him & his family excluding his wife to put him behind bars fr false allegation of domestic violence.Me & my family want protection from this type of threat and dont want to go behind the bars.How to safeguard my family in this situation?Do I need protection order from court?

Advocate Shiv Shankar Shaw answered
you have to file a declaration suit against ur brother and brother's wife that u have no any relation with ur brother and ur brother's wife. its help u from any criminal case.for better suggestion. u can contact me..this is a common problem of our country..hope u will satisfy with my answer