Advocate Vikram Vishwas Kulkarni

Questions Answered by Advocate Vikram Vishwas Kulkarni

Q: What is the pursis meaning in law ?

Explain pursis meaning ,what is pursis in court mean?? Is this necessary while submitting documents in court with list of documents???

Advocate Vikram Vishwas Kulkarni answered
It is a statement given ld Court in writing by either party and or given to ld. Court even by either sides Advocates who want to include facts / info./ joint statement / a compromise statement / no instruction from party given by a advocate (seeking adjournment / absence of his client etc.) etc. as material consideration by ld. Court and same can be marked as Exhibit too. But for documents i dont think there is a pursis you have to give an application alongwith list of documents and the documents itself

Q: What action can I take if my bike and RC were taken by the police for a drink and drive case? Does d

I was caught driving my bike outside a bar on August 18, 2016, where the police were waiting. They took my breath analyzer test, which registered 101, and then took me to the police station. They collected my RC, license, and bike and asked me to return on August 22. My questions are: Will they take me to court on August 22? If they take me to court, should I plead guilty? Does this incident have any records, and will it appear in the future during a passport or visa application or background check? Also, does drink and drive reflect in police verification?

Advocate Vikram Vishwas Kulkarni answered
Have they given you any receipt of the documents they have taken in custody and the impounded vehicle ? Drunken driving is a punishable offense but the police have the powers to release on payment of penalty/fine please refer the section of motor vehicle act quoted in inverted commas "Section 185. Driving by a drunken person or by a person under theinfluence of drugs. – Whoever, while driving, or attempting to drive, a motorvehicle - 5[(a) has, in his blood, alcohol exceeding 30 mg. Per 100 ml. ofblood detected in a test by a breath analyser, or ] (b) is under the influence of a drug to such an extent as to beincapable of exercising proper control over the vehicle.shall be punishable for the first offence with imprisonment for a term whichmay extend to six months, or with fine which may extend to two thousandrupees, or with both; and for a second or subsequent offence, if committedwithin three years of the commission of the previous similar offence, withimprisonment for a term which may extend to two year, or with fine whichmay extend to three thousand rupees, or with both.Explanation – For the purposes of this section, the drug or drugsspecified by the Central Government in this behalf, by notification in theOfficial Gazette, shall be deemed to render a person incapable of exercisingproper control over a motor vehicle."also they can take you to the court if you plead guilty court can release you on paying penalty but it will be better if you consult a lawyer before you go further and if you plead guilty there will not be any impact on your passport verification or visa or otherwise

Q: Sister claiming share in father's property and not ready to settle

I am staying brake one room which is left my father and mother and having to sisiter one is dead and other live who create problem in settling the propriety demanding fifty perscent the what about other sisiter. Present the value of proprarty cost is Rs 40 Lakhs .she claim that this proparty is for Rs 600000/- I had requested if so the you pay me Rs.20,00,000/(lacs) to me and take proparty she dose not agree this also .and what about my second sisiter. Please advise in the matter and oblige.

Advocate Vikram Vishwas Kulkarni answered
your Sister is eligible to file a claim in your fathers and mothers property but if her demands are exaggerated then you can file a suit for partition also if your other sister is dead and she has any sons or daughters then they can claim the property through their mother even if deceased.please consult your local lawyer for further details

Q: How Decree of Divorce looks like?

Hi,I had a mutual consent Divorce Case (under Hindu Marriage Act) for which judgement has already been passed.I have already applied for decree of divorce through my lawyer.I want to know how the decree looks like....your help would be appreciated.Thanks

Advocate Vikram Vishwas Kulkarni answered
If the judgement is passed then decree will also be passed soon the decree is same as the judgement and has part of your plaint of suit and operative order of court. it will not be any different from judgement.please contact your local lawyer for further details.

Q: Can daughter claim in father's property after his death

Mother and sister conspiring to grab all father's property--- My father died on 25 june 2016, i am staying in the same place so i take their care, after his death my younger sister started influencing my mother and has done her nomination on all Fix deposits of my father, she is also a joint bank locker operator of my parent's locker, Now my father had purchased a flat 25yrs back by his self earned money, but he had registered it in my mother's name, i doubt that my mother will make a gift deed of the flat on her name. what shall i do to get my valid share on all Fix deposits, flat and Gold.

Advocate Vikram Vishwas Kulkarni answered
if you want share of assets of your father. please consult a local lawyer and file a suit of partition of property as soon as possible in the nearest court of law also please do not forget to mention all assets that your father had such as shares,stock,property,bank accounts,jewellery etc please contact your local lawyer for further advice