Advocate Zuber Syed

Questions Answered by Advocate Zuber Syed (25+ answers)

Q: Doubt regarding Criminal case withdrawal

One year ago, I have filed 376 against a boy who cheated me for false promise of Marraige. We got married few days ago. I have received victim amount - 2 lakhs from government yesterday. As we got married now, I will take the case return now. My question is do I have to return the 2 lakhs ?

Advocate Zuber Syed answered
Section 376 of the Indian Penal Code (IPC) deals with the offense of rape. The filing of a case under Section 376 is a serious matter and not something that can be taken lightly or withdrawn casually, especially after receiving compensation from the government.Regarding your specific situation:1. **Withdrawal of the Case**: Once a case under Section 376 is filed, it becomes a matter between the state and the accused. Even if you wish to withdraw the case, it is ultimately up to the court to decide whether the case can be withdrawn. You may need to file an application with the court explaining your reasons for wanting to withdraw the case. The court will consider various factors before granting permission.2. **Compensation Amount**: The compensation you received from the government is likely under a victim compensation scheme. The purpose of this compensation is to help victims of serious crimes like rape. If you decide to withdraw the case, the court or the concerned authority may require you to return the compensation amount. This will depend on the specific rules and guidelines of the compensation scheme under which you received the money.3. **Legal Advice**: It is crucial to consult with a local lawyer who specializes in criminal law to get personalized advice based on the specific facts of your case. They can guide you through the process of withdrawing the case and the implications regarding the compensation received.In conclusion, while it is possible to apply for the withdrawal of the case, the return of the compensation amount may be required depending on the court's decision and the terms of the compensation scheme. Consulting with a legal professional is highly recommended.

Q: Grandmother Property and Maintenance for two daughters-reg

My grandmother(Hindu family) is having two daughters is having a property of 5 acre land, My mother is younger daughter, In the year 2002 my grandmother transferred the property on gift deed registration to elder daughter and my mother has taken 1 lakh for her half share from her elder sister and my father and mother are signed as witness for that executed gift deed.And my grand parents maintenance and welfare is agreed to take care by elder daughter, but not mentioned that condition in the gift deed and my mother also not given any receipt or proof for taking 1 lakh money.Now the elder daughter is ignoring my grandmother not taking care her, Now my grandmother wants to cancel the gift deed take return the property is it possible under any act.Or as a grand children and my mother as a younger daughter does have any right to fight in the court for taking back my mother half property share.

Advocate Zuber Syed answered
In the situation you have described, if your grandmother has transferred the property on a gift deed to her elder daughter, it becomes the legal property of the elder daughter. If there was no specific condition mentioned in the gift deed about the care and maintenance of your grandmother, it may be difficult to prove in court that the elder daughter is neglecting her responsibilities towards your grandmother.Regarding the payment of 1 lakh rupees by your mother's elder sister for the half share of the property, it would be important to establish whether the payment was made for a legitimate consideration or not. If it can be established that the payment was made as a gift or as a gesture of goodwill, then it would be difficult to claim a share in the property based on that payment.As per the Hindu Succession Act, your grandmother's daughters and their children have a right to claim a share in the ancestral property. However, in this case, since the property has been transferred to the elder daughter through a gift deed, it may not be possible to challenge the gift deed in court, especially if it has been executed properly and legally.If your grandmother wants to cancel the gift deed and take back the property, it would require the consent of the elder daughter who is the legal owner of the property. In the absence of such consent, it may be difficult to cancel the gift deed.It would be advisable to consult with a lawyer who specializes in property law to understand the legal options available in this situation. They can guide you on the best course of action based on the specific details of your case.

Q: Maintainance charges as per sqft wise

Iam the flat owner of 4 flats- 2double bedroom and 2 single bedroom which is actually 2 3bhk which we divided each 3bhk into 1bhk and 2bhk.Our apartment has 11 flats, they are charging maintainace every month from our tenants flat wise , and when there are any repairs instead of using maintainace amount they are again charging amount from owners flat wise by which we are getting lot of burden as we need to pay money for 4 flats, so we want to pay money for area wise which reduce the burden.how to proceed legally and what if they refuse to charge area wise ( saying majority are fine with flat wise ). Burden is more on us as we have 4 flats.

Advocate Zuber Syed answered
As per Indian property laws, the builder or the maintenance association cannot charge maintenance or repair costs arbitrarily. They need to follow certain rules and regulations for the same.If you want to pay maintenance charges based on the area of your flat, you can approach the builder or the maintenance association with your request. You can also discuss the issue with other flat owners who share your concern and try to persuade the builder or association to accept your proposal. If they agree to your proposal, you can pay maintenance charges based on the area of your flat.If the builder or association refuses to charge maintenance fees based on the area of your flat, you can take legal action against them. You can file a complaint with the Real Estate Regulatory Authority (RERA) or Consumer Court. You can also seek legal help from a lawyer and file a civil suit against the builder or association.In case of a civil suit, you need to prove that the builder or association is violating the rules and regulations of maintenance charges and repair costs, and charging you unfairly. The court may direct the builder or association to charge maintenance fees based on the area of your flat and also may order them to refund any excess charges collected from you.In any case, before taking any legal action, it is always advisable to consult a lawyer who specializes in property laws and seek their advice

Q: Property division without will

My father has passed away 5 years back and he had ancestral property inherited from his parents. ( No self acquired property of my father). nHe had 1 wife W1 and 1 son S1. W1 died 35 years back and then he got married to W2. W2 has a some S2. nCurrent existing hiers are S1,W2,S2.Since will is not there and if we have to go with partition deed, how should we proceed and how many partitions should be done. nPlease help with your advice.

Advocate Zuber Syed answered
To get the property registered in your father's name, you need to follow a specific legal procedure. Since the partition deed was not registered, it may not be considered as valid proof of ownership. However, you can still take legal action to establish your father's ownership of the property.Firstly, you need to obtain a legal heirship certificate establishing your father as the legal heir of your grandfather. This can be obtained from the revenue department of the jurisdiction where the property is located.Once you have obtained the legal heirship certificate, you need to execute a sale deed in favor of your father transferring ownership of the property from your grandfather's name to your father's name. All legal heirs of your grandfather need to sign the sale deed to establish that your father has a clear and marketable title to the property.If any of the legal heirs of your grandfather refuse to sign the sale deed, you can file a suit for partition and seek a decree for the partition of the property. The court can divide the property among the legal heirs and grant a share to your father, which will establish his ownership of the property.It is recommended that you consult with a lawyer who specializes in property law to assist you in the legal process and to ensure that all legal formalities are complied with.—————-

Q: In relationship for 5 years, he is denying for wedding

I was in a relationship with a guy for 5 years.In 2022 april i came out of my house for him. After i told the same thing to him , he said he will talk to my parents. Latter in May, suddenly he called and told me that he cannot continue or marry me bcz he promised some other girl to stay with her. I waited patiently till now to see if he will change and come back. Instead i saw him roaming with other girls and also when i called him repeatedly in order to talk to him,he said he cannot marry me or talk to me. Recently he went to she team and informed them that i was harrassing and giving pressure to him. What action can I take against him? When i received call from she team i explained them that i wanted to settle the matter by talking to him alone and told them that i am supposed to go to ps for being cheated and not him. The lady police did not utter a word after that and i believe he went through some influence just to threaten me so that I will stop making calls. Please provide ans..

Advocate Zuber Syed answered
As per the Indian law, you have several legal remedies available to you in the situation you have described.Cheating: As per Section 415 of the Indian Penal Code, cheating is a criminal offence that can be punishable with imprisonment of up to 7 years and a fine. If the individual has promised to marry you, and has made false promises to keep you in the relationship, it can be considered a form of cheating.Breach of promise to marry: If the individual has made a promise to marry you, and has subsequently broken that promise, you may have a case for breach of promise to marry. Under Indian law, this is a civil wrong and may be actionable in a court of law.Filing a false complaint: If the individual has filed a false complaint against you, you may have a case for defamation or harassment. You can take legal action against the individual for filing a false complaint under Section 211 of the Indian Penal Code, which is punishable with imprisonment of up to 7 years and a fine.You may consider seeking legal advice from a lawyer in Hyderabad, Telangana, who can guide you on the legal options available to you and help you take the necessary legal action against the individual. The lawyer can also help you draft a legal notice to the individual, demanding compensation for the mental and emotional anguish caused by the breach of promise to marry and the false complaint.It is important to keep evidence of any communication or interaction with the individual, as well as any instances of harassment or threats made by him. This can be useful in building a strong case in your favour.