Advocate Srutisma Hazarika

Questions Answered by Advocate Srutisma Hazarika

Q: Drafting of Will and details of Witnesses who sign on the Will

My mother in law wants to make a Will in favour of her only child i.e my wife leaving her ancestral property made by her Late father. My querries:(i) Can the Will be on a plain paper or it necessarily has to be on Stamp Paper(ii) How is a Will probated and what does it mean and entail?(iii) Can the 2 Witnesses be our relatives . Someone was saying that no relatives can sign as witnesses?(iv) Do the Witnesses have to sign at the time of making Will or they can be made to sign anytime later also?Let me know.

Advocate Srutisma Hazarika answered
witnesses sign at the time of making the will and at the of registering the will. For registration of will one needs to take online appointment after paying the e-egistration fee.take help of an advocate if required

Q: Being threatened by SBI card representatives

I have pending dues on credit card, which after discussing with representatives from SBI have been paid/scheduled to be paid. SBI cards have given me an agreement in written stating amount and last of payment to be made. Further, same has been signed and sent to SBI almost 1 week ago. However, in this past week, I have been threatened by SBI representatives to beat me and my colleagues, whom they have been calling to find my current whereabouts. Also, they have hurled abuses at me and sent me text messages which are personal in nature. I do understand this is against RBI guidelines and if there is an agreement in place already, why they are doing so? You are requested to guide me to take legal action against SBI/their representatives and hence, assure my safety.

Advocate Srutisma Hazarika answered
Lodge a criminal complaint at the local police station. Further legal actions will depend on that complaint. also if no action is being taken against the complaint, you can let me know.we will then see to it. Do you have any evidence?

Q: Case Disposed - Uncontested Transferred

While doing a background check for a prospective partner, I came across a N.I Section 138 case against them. The case status was shown as Case Disposed - Uncontested Transferred. Going through the history of the case , neither the petitioner nor the respondent was present for the hearing with the petitioner being present for the first two hearings only.

Advocate Srutisma Hazarika answered
Sir please specify whether you are a party to it. If not what information exactly do you need. also the disposed matter you are talking if you have the copy of order, i will then be able to assist you better

Q: Applying an Interlocutory application

Applying a Interlocutory application in High court. What will be legal fees ?

Advocate Srutisma Hazarika answered
Legal fees for an interlocutory application will depend on the subject matter of the case, the information sought by you for which the application needs to he moved. Only then the chances of consideration can be known and depending on that application shall moved. Is a lawyer already engaged in the matter? are you a party to the matter? If you to engage a lawyer only for the application then fees will he reasonable but will definitely vary a little depending on the chances. please answer the questions.

Q: Advice needed on Section 308: I am a complainant

This is regarding case that was filed by me (garima seth), in Dwarka Court new Delhi against a complainant who beat up my husband in a state of alcohol and my husband had critical head injury. The victim (my husband) was in ICU for 10 days. Had to undergo operations. The accused was charged under section 308. However my family and the accused family did an out of court settlement. The case remains still pending between the state and the accused. Now the accused family wants me to come to the court and say the complaint was not valid. I wanted to say in the court that we have settled the case between us by signing a maafinaama and do not want to say that the complaint was wrong. Please advice.

Advocate Srutisma Hazarika answered
On the next date of hearing, both parties have to appear before court and let the Honble judge know that you are willing to settle. If lawyer is engaged then a settlement deed will he made signed by both parties. Again on the next date the settlement deed needs to be presented in the court and the case will end then.Take help of an advocate