Advocate Shubham Chopra

Questions Answered by Advocate Shubham Chopra (25+ answers)

Q: Vacating the shop from a shop given on rent by grand father

There's a teanant in my shop which tenants father took on rent from my grand father.No contact. It's transfered on my name now. I have rent receipts of last two years. I want the shop now for personal use.what's the easiest and fastest route plz suggest.

Advocate Shubham Chopra answered
You need to send the tenant a Legal Notice, asking him to vacate the property by giving him appropriate reasons that why you want the shop back. You have to also give the tenant appropriate time to vacate the property. In case, the tenant refuses to vacate the property, depending upon the amount of rent either by filing complaint before controller under the Rent Control Act of the state or a civil suit for eviction may be filed.

Q: Alimony claim from husband-no maintainence

Dear Lawyer,It is urgent to note that my maternal family is doing crime to me and daughter at Gurugram, where they gave me a family home with daughter and pet to stay..I was forcibly sent here for their political motives of saving their son and daughter in law who did crime to me and my daughter immensely and killed my dog. Now, they pester us as papa is gone and he had given us this home, so they pester us silently n give us cancer here..now, we r v troubled, husband not supporting finances

Advocate Shubham Chopra answered
My understanding from your query is that your brother and sister-in-law are harassing you and your family. In this case, you should get an FIR filed against them. Moreover, regarding the property dispute and for causing disturbance in your peaceful stay at your property, you can also file an injunction suit (civil suit) against them.

Q: Seeking Guidance for Divorce Proceedings

Married in Dec 2018; wife had schizophrenia undisclosed before marriage. Her condition worsened with hallucinations, leading to rehab. Consulted lawyers; they suggested mutual divorce due to her undisclosed illness. First court motion passed; COVID-19 moved court online, other party missed 2nd motion. Attempted Ex parte, but judge rejected due to time passed. Seeking guidance for next steps. 5 years without contact or address.

Advocate Shubham Chopra answered
Presence of both spouse is must at time of second motion and as such your wife was not present during second motion I am under belief that the court has dismissed your petition. In this case you have to file for divorce on grounds of unsoundness of mind.

Q: Early tenancy removal out of agreed contract

Hi, I just got into a tenancy agreement in August with a 22 months contract and one months notice clause for both the parties. Everything was going well but all of a sudden, my landlord trying to sell the flat and it’s been 4 months only. I am worried and sad as I have spent around 50k in movement as well. Please guide if the landlord ask me to vacate before the contract period (22 months) and if yes, then, what remedy I have to counter this.

Advocate Shubham Chopra answered
If your Landlord asks you to vacate the property even after giving you with one month of Notice, you can send him a Legal Notice through your Lawyer asking him to adhere to the contract stating the constraints and the monetary loss that you will face. Moreover, in this particular case the Landlord is not asking for the premises for his personal use and therefore you have a good case.

Q: File a Case in Court apart from CAW Cell......

Hello Team, My wife has filed a complaint in CAW Cell and we have already visited 3 times.Can you please let me know that my wife can filed a case in Court as well with the proceeding going in CAW Cell.

Advocate Shubham Chopra answered
CAW cell is a pre FIR stage wherein the CAW Cell acts as a conciliatory body and tries to resolve the dispute between husband and wife through counselling. Basically they just force the husband to agree to demand of the wife and if the dispute can’t be resolved then the counselling fails the same gets converted into an FIR. Moreover, your wife has all the rights to file case before court simultaneously along with the complaint before the CAW cell. In such cases wives normally do file court case under the Domestic Violence Act wherein they usually demand money/maintenance from the husband