Advocate Vikram Ojha

Questions Answered by Advocate Vikram Ojha (200+ answers)

Q: Can partition suit be challenged after decree?

My father was the plaintiff in partition suit against my two uncle. In that case the schedule of property was 20 khattas in the described plaint. But the 4 kattas was sold jointly by my father and one uncle before 17 years from earlier of partition suit.so the physically total property is 16 kattas. But that was not mentioned in that case. Similarly the defendant did not arise this issue as he had the knowledge of sale. during the pendency of the suit both of my father and uncle passed away. after that me and my cousin are substitute plaintiffs and defendant respectively. I also mistakely not mentioned the sale details in that case.. repeatedly the next deffendent does not arise the issu..after all of this I got expartee preliminary decree over 20 katthas and got appointment of advocate commissioner. the advocate commissioner has confirmed his report before court on 16 kathhas.1)now the deffendent can arise this issues in partition suit? 2)the commissioner report may be canceled 3) thecase maybe dismissed?

Advocate Vikram Ojha answered
Dear cleint,As per the details provided by you I would like to suggest that as the schedule of suit property is not correct then the suit is liable to be dismissed as the same being partition suit and you cannot entangle anybody else property in your suit and the decree passed upon such incorrect description of suit property cannot be executed.Yes the defendant can raise this issue but he has to prove that it was not in their knowledge at the time of filling the written statement.yes the Commissioner report can be cancelled .yes the suit can be dismissed for suppression of facts and incorrect description of the suit property at best you can ask for the amendment of you plaint pertaining to description of the suit property.

Q: Rules for installing CCTV at home in india

I want to instal CCTV in outside wall of my living room within boundary wall of my house . The purpose is to strengthen security of my house . The camera will not encroach to picture of neighbouring houses and will not infringe privacy of anyone. do i need permission to install cctv ?.authority or local police station ? is there a cctv camera act in india? Is there any legal requirement .......Kindly guide .....,Regards

Advocate Vikram Ojha answered
Dear Client,
As per your details and in response to your queries, I would like to state that nowadays even the police are insisting the local public on the installation of CCTV cameras for proper vigilance and controlling of crime. But still, I would suggest you give a written letter to the police station and the Commissioner of Police of your jurisdiction, informing them of the installation of the camera.

Q: Property dispute by two brothers

We are two brother and and owned two building that's are separate in ground floor. But 1 and 2 floor are mixed. 1st floor are stayed my and 2nd floor are stayed by me. Ground floor are used only 2 shop which both are occupied by my brother. If I want to leave my side they convinced me what can i do

Advocate Vikram Ojha answered
as per the details provided by you it is not very clear to give you any suggestion but still if you want your share to be partitioned in the said property then you can file a case for partitions suit seeking the partition of your share and for further suggestion I need to go through documents and details.

Q: Client is not paying pending amount, blocked me on WhatsApp

I am a freelance graphic designer working in this filed since 2014. Recently I have started working with a company named Blacksalt media from October 2022. It was a remote full time job and the owner of the company who contacted me was rom Mumbai. I have worked very hard and submitted all work by end of October and he paid me that month's salary on time. But later on November month, He didn't pay a single penny. I have to call his other clients and after their request, Blacksalt paid me half of the salary. And now when i am asking for my pending amount he said there is a it law that he can pay it in between 90 days to 6 months, and now he have blocked me on whatsapp, neither receiving my callPlease help me wat should i do. I have all emails and Whatsapp chats and my works with me.

Advocate Vikram Ojha answered
details provided by you my suggestion would be that in the event that your employor not paying the due amount then you can send a notice of demand to his residence and office and even if he doesn't pay you can file a case before the criminal court on ground of cheating.

Q: Husband not paying interim Maintenance for minor daughter

Court has given interim maintenance order,but husband didn't paid last two months . What is the next step should I take?

Advocate Vikram Ojha answered
as per the details provided by you my suggestion would be that after elapse of few months you can file execution case for execution of the interim order to realise due amount of maintenance. In execution case if your husband doesn't pay then he may be arrested and sent to jail or his property may be attached