Advocate Yash Dave

Questions Answered by Advocate Yash Dave

Q: How to file complaint against court receiver in Debt Recovery Tribunal

Due to the wrong commitments and promises of the court receiver fixed by the DRT court, corrected in one-side papers, which is just a rubber stamp paper of the court receiver, which has been deposited in the court. Can anyone make a complaint against a court receiver? Can the cancellation of the one side agreement?

Advocate Yash Dave answered
Actually i didn't get your point properly but the main question regarding filling a complaint against court receiver you will have to make a complaint in the prescribed format and such shall have to be delivered to Honorable Chief judge.

Q: Is it valid to get divorced on notarized documents

I have a notarized divorce agreement from my ex husband stating that he would not claim for 5 year old girl. Its now two years since then. Last year i got married and shifted to dubai. To get my daughters visa, i would need her custody papers from court so asked my husband for mutual consent divorce,custody and sole guardianship. He is now married too. When called him, he rejects to do so..recently discovered that my marriage will be then be invalid too.what to do??

Advocate Yash Dave answered
Now where is your daughter and with whom she is staying?And Whats her age?And where it concern to the consent marriage and he is refusing then his marriage will also be void.on the basis of your notarized agreement you can file divorce petition but with consultation with your advocate.

Q: elder brother not giving property share

we have one residential property in surat on name on my father. we have 3 brothers. My two elder brothers earlier stay with together in same property with parents and also have forefather business. I m doing job and stay apart from last 11 years. Earlier i want to buy my own flats and for that I need funds. My parents told me that they will sold property and give equall part to all 3 brothers. As in our house all decision is make by my elder brothers only. I have initiate to sell property, and got so many buyers but somehow my elder brother refuse them to asking unbelievable price or some other reasons. last year he bought flat for my second number brother. Now, he is saying I have no money and even not ready to talk about sell property. I talked to my parents but they seems helpless against him. Now, I don's understand what to do. it's now matter of 4 years but Their is no decision from my brother. what Step I have to take.

Advocate Yash Dave answered
The property is on the name of your father if he is willing to sell it than your younger brothers' consent is not necessary because till your father alive they & you don't have any shares unless he transfers or have already transfered.

Q: What are the rights of the husband if The Wife files A false Complaint

everything was going good,now suddenly she says she never love me ,when i ask why you married me ,then she says that i have given three months to our married life but you never listen to me whenever i says you to do this thing or that thing.....sir i,m a good human being and a husband....my family and i love here very much.here family is going against us without any proof....they are only listing there daughter...whatever wrong she is saying.....my father also talk to here father that nothing is going wrong then why she is upset with marriage and spoiling our child life,then here father says we make here understand very much but she says i will not go to my in laws and my husband ........and when we ask why...they says she says that husband is not physically satisfied me and our financial condition is not good,...and says that did not divorce me then I will commit suisuicid. she tell force me for divorced. Or she lodged case of ipc 498a/406/38 against me, my mother, father.

Advocate Yash Dave answered
The proofs which proves that you have loved her and never make her alone and never tried to harm her image.and thing you have prove by which you can make you case more stronger are;1. that you with the interval of some time or twice in year or once in a year or else anytime you go for trip.2. that you buy her the things like jewelries or any other ornaments or you provide enough money for shopping.3. that your parents had kept her like their daughter gave too much love and never scolded her for just petty things except serious or big mistakes.4, Every member has tried to make her understand and but though she refused to stay with her and said that she doesnt love you and doesnt want to live with you anymore.

Q: Bail granted in non-bailable offences

I file fir under section 452, 323,147 of ipc and police arrested the offenders under said sections and my question is that as per 452 ipc it is not bailable then how they can got bail.

Advocate Yash Dave answered
Has the court granted bail? Because That doesnt matter that its bailable or non bailable because the Honorable courts are having descretionary power towards the granting bail. What the CrPC states it bounds to the police