Advocate Shivam H Choksi

Questions Answered by Advocate Shivam H Choksi

Q: Rights of married daughter on father's self acquired property.

Father has deceased without will. Followed by mother, who also died after some time. Mother leaves a will that the property which is self aquired by father be divided among two sons and none else. However there is a clause that if they two fight, the property be divided among another three married daughters. If the sons do not fight, what share do they get? What is the legal way out to get half share for each son? Do daughters have equal share in his case or not? Please clarify and help with detailed answer. Awaiting a response.

Advocate Shivam H Choksi answered
As per the Hindu succession act daughter can also has the right in the property of her father though he is married and will is not made.she can also get the right in the property You have to file a case

Q: What to do when owner refuses to address leakage from flat above?

RESPECTED SIR, I HAD PURCHASED A SMALL FLAT BEFORE 6 YEARS. i.e. I AM STAYING ON 1ST FLOOR FLAT IN AHMEDABAD FOR LAST 6 YEARS. 2ND FLOOR FLAT (JUST ABOVE MY FLAT) IS OWNED BY NRI (INDIAN ORIGIN BUT SETTLED IN CANADA). THERE IS A TERRACE ON HIS FLAT. IN SHORT OURS IS A LOW RISE FLAT (GROUND + 1ST FLOOR FLAT & 2ND FLOOR FLAT). BEFORE 6 YEARS, WHEN I PURCHASED 1ST FLOOR FLAT, IT WAS ABSOLUTELY FINE & NO LEAKAGE PROBLEM. BUT BEFORE TWO YEARS, NRI (2ND FLOOR OWNER) WHO IS STAYING JUST ABOVE MY FLAT, RENOVATED HIS FLAT & CHANGED TILES IN WHOLE FLAT & LEAKAGE PROBLEM IS STARTED. WE CALL HIM & SHOWED THE LEAKAGE PROBLEM & ALSO REQUESTED HIM RESOLVE SUCH LEAKAGE PROBLEM BUT HE IS NOT GIVING ANY ATTENTION TO SUCH PROBLEM. HE USED LAST WORDS THAT HE WILL NOT TAKE ANY ACTION TO STOP SUCH LEAKAGE & DO WHAT EVER YOU LIKE. SIR, MAY I KNOW THE REMEDIES UNDER THE LAW WHICH I CAN INITIATE AGAINST SUCH NRI. 

Advocate Shivam H Choksi answered
First of all send a legal notice and after that if no reply is given than file a FIR against the NRI person.If he is very rude then take a strict against him contact a lawyer he will draft a application for filing of an FIR in concerned police station and will send a legal notice also

Q: Ship was loaded with heroin and crew member was arrested for the same

Crew member of a ship..ship was loaded with heroin.. 96 days is completed.. when chargesheet will be filled?? Apply for a bail or not?? In which court we should apply for a bail?

Advocate Shivam H Choksi answered
Within 90. Days chargesheet should be filedYou should have file a petition for anticipatory bail....If there is a ground in your favour then it is not necessary to file a bail after chargesheet You can file any time before the lower Court

Q: Advice when case already instituted for partition of father's property

Sir mere mom ne court me case kiya he uske bhai k uper apne pita ki jaydat me haakk pane k liye . Pita ne khud kharida tha ghare or usne whill bhi nahi kiya he ..or case clear he . Fir bhi court insaf nahi de raha he..aaj 3 saal ho gayr case k abhi tak sirf written statment pehi atka huva he 3 saal ho gaye usi stage me he . To sir kya muje kuch age karyavahi karni chahiye ..? case ko age badhane k liye ?

Advocate Shivam H Choksi answered
Simple Hain Sabse pehle high court main writ petition file krvake direction le lijiye ki court bohot slow kaam Kar rhi Hain to high court. Order pass krngi ki certain period main matter khtm ho Jani chahiye Your problem will be solved. Contact me

Q: Remedy if IO is not arresting if the Anticipatory Bail is pending

As per above sections Sessions court have rejected AB and accused have applied for AB in high court. But police is replying "we can not arrest accused because mater is in court". So can IO can not arrest accused if AB pendency in High Court? There is not any law or ipc section so that i can ask poice to arrest accused?

Advocate Shivam H Choksi answered
File writ before the high court and court will issue a direction or will pass an order ...your problem will be solved and you can also oppose by filing an cancellation of anti bail....It will be solved