Advocate Siddhant Gupta

Questions Answered by Advocate Siddhant Gupta

Q: What action can be taken against wife for cheating

sir , i want to know about a case ,my uncle's wife cheat him and make illegal relation with his father-in law and make his husband out of his house then what the process take action on them.....please tell me

Advocate Siddhant Gupta answered
Dear Sir, In the above circumstances nothing much can be done against the wife of your uncle but yes surely the father in law can be prosecuted under Section 497 that pertains to adultery and he can be prosecuted for 5 years

Q: Did some work for a client who is not giving back the money

I am a Businessman, and I have done the work for one of my client who is from Gurgaon and this is 6 month till now. He is not giving the money. As a result today, me and my friend went to ask for the money, then he has not given the money and instead of giving the money he called 4 Local Bouncers and tried to fight. But at that we told them we don't want the money. If you want to give the money, give us or not then don't give. After this he has given us Rs. 50,000/- and our Rs. 1,00,000/- is still under him. What should I do to recover those money.

Advocate Siddhant Gupta answered
It is best to send legal Notice demanding the amount to be recovered and if there is no reply then You have to present your case by filing plaint seeking recovery of money from a particular person by stating the exact money in the plaint under Order 7 Rule 2 or order 37 of Civil Procedure Code, 1908. You have to file your plaint by paying appropriate court fees as mentioned in the Court Fees Act of respective state. The limitation for filing suit for recovery of money is 3 years under the Limitation Act, 1963 from the date of the transaction and it further extends if he gives a communication on a particular date regarding that he owes you money.

Q: How to claim share in fathers property ?

Hi Sir I am  from uttar Pradesh. We are 3 brothers one is elder than me and another one is smaller then me. My father kicked out me before 2 years and now I want part of property from my father so please sir suggest me what to do

Advocate Siddhant Gupta answered
Sir after considering the facts the question which arises is whether the property is ancestral or self acquired by your father. If it is self acquired you do not have any rights over this property. In case it is ancestral, you have a birth right over it and suit for partition can be proceeded with.