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I have made a written complaint regarding fraud committed by the opposite party to the police despite of giving all the evidences police is neither investigating the matter nor filing a chargesheet.My questions are:n1) I want to file a pre - trial application in the magistrate court so what should I write in the application and along with it do I have to attach all the evidences or no?nn2) Whether the magistrate court will approve the application or no.How would I come to know?
it would be advised to take assistance of advocate filing of private complaint. if you have sufficient proof then magistrate can issue directions to the police registration of FIR against the accused .
kindly contact with complete case details that proper and precise legal advice can be provided.
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My husband owns MHADA flat in Mumbai. He died last year during covid. My three children and I are his legal heirs. All three children live separately in other cities. Could you please provide specific details about the MHADA transfer procedure in case of death? and how can i transfer mhada flat to my name? Thanks in advance
Mhada has got their own portal and thereby transferring the property of the deceased on the name of legal Heirs has become simple .
you can try yourself or if you require legal assistance contact my office for smooth transaction
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Me & my husband live separetely from last 5 years. He is working at IDBI bank .I have 5 years daughter too. I filled domastic viloance case against him because he didnt allow me at his home after delivery.Now i got a information that he has a extra maritial affair but i dont have any proof. My case is pending in the court from last 5 years but it doesnt have any progress from 5 years i got dates only not a single hearing is happened. I dont even get a maintaince or my luggage because my husband said in the court that he doesnt have any luggage. What should i do. Can i file a FIR agaist him for extramaritial affair & what should i do for my luggage.
Court cases don't take such a long time specially for getting interim orders.
do you speak with your existing lawyer and find out where case is being struck . also you can file criminal complaint under Section 498 of Indian penal code and separate case for getting maintenance under section 125 CRPC . due to paucity of details cannot provide for and precise advice . you can contact any of the panel advocate for second opinion .
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Mrs sudarshana purchased land from builder in 1977 . I purchased from sudarshana in 1990 and in 2021 I gifted the flat to my wife . My wife then sold the flat to vijay in 2021 . Mr vijay wants collector noc for the flat. What would the charges be ? Will I attract any penalty
Dear Client,
For what purpose he wants collector NOC? Is it Collector land? All the chain documents need to be refered before any advise is provided.
Do reach our office for proper and precise advice.
Regards,
Expert Jurist LLP.
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My wife filed divorce case, issues are framed and her cross examination is also done. She gave admissions in our favor. Now she changed lawyer and that lawyer suggested to withdraw case and file a new case on same grounds with correction. Is that allowed? Can I ask for cost ?
Dear Client,
Ur case is already in litigation. Proper and precise advice can be provided only after referring all the Court documents.
Everything is possible Subject to following Judicial process. pls share documents, so proper opinion can be shared.
Regards,
Expert Jurist LLP
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My father and mother brought some properties on their own so as to make me and my sister doctor. He's brother is claiming shares in my father self acquired property.Many years ago father and his brother got ancestral property from grandfather and today being title holder of that respectively.Grandfather is alive but my father died in 2014 .In 2021 my uncle has sued a file in court stating that my father self own property is also ancestral property and wants shares in that .Plz help me for next procedure.
Dear Client,
As you have stated that case is filed, then it's imppfor you to defend the same.
If you have documents proofs to prove your side, then it would be advised to approach good advocate along with necessary documents so that proper reply can be filed in court.
and dint worry, if you have proper docs which prove your father's property is self acquired, then we can help you secure your rights.
Regards,
Expert Jurist LLP
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How to transfer a flat allotted under MHADA located in Mumbai, unfortunately my father died during the process and only the booking amount has been paid MHADA has also issued an allotment letter regarding the same, also a registered will is present, so in this case whether a succession certificate is required or a legal heir certificate will do?
mhada has a online process for transfer of flats allocated by them. you need to refer emitra mhada website for more details.
Here the allotment is transferd hence succession certificate or legal heirship certificate won't be required.
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I had get it done a design report for Jodhpur project from Consultant. After 1 Year I submitted the same report to one client for reference. And client has made changes in project name and he put client name as his name in the design report. Now consultant is get to know about this and he is claiming legal action on me and my client. We do not have any NDA between me and my consultant.
Dear Client,
if you have the documents, emails exchange in place, you have a good case will your Intellectual property.
You have not mentioned what opposite party intended to do, and also what steps have u taken to secure ur IP.
Do revert with details, so we can assist you.
Expert Jurist LLP
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After husbands death who can aquire his flat and farm ? Wife, child or parents(nominee) Who can claim his bank accounts? Who can claim his pf account?
Dear Client,
If husband has expired without will then you have to file case before the court to get Succession Certificate and accordingly, if their is dispute between parties, calss 1 legal heirs will get the property.
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:
Sons
Daughters
Widow
Mother
Son of a pre-deceased son
Daughter of a pre-deceased son
Son of a pre-deceased daughter
Daughter of a pre-deceased daughter
Widow of a pre-deceased son
Son of a pre-deceased son of a pre-deceased son
Daughter of a pre-deceased son of a pre-deceased son
Widow of a pre-deceased son of a pre-deceased son
Son of a predeceased daughter of a predeceased daughter
Daughter of a deceased daughter of a predeceased daughter
Daughter of a predeceased son of a predeceased daughter
Daughter of a predeceased daughter of predeceased son
All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II.
Class 2 Heirs
The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include:
Father
Sons daughter’s son
Sons daughter’s daughter
Brother
Sister
Daughters son’s son
Daughters son’s daughter
Daughters daughter’s son
Daughters Daughter’s daughter
Brothers son
Sisters son
Brothers daughter
Sisters daughter
Fathers father
Fathers mother
Fathers widow
Brothers widow
Fathers brother
Fathers sister
Mothers father
Mothers mother
Mothers brother
Mothers sister
Agnates
In case a hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
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Hindu couple got married and lived together for a week, then Husband went to abroad for work. Wife has been staying at her parents house since then. In such case, How can wife file for divorce? How long the process takes? If marriage is not registered yet, what's the process for divorce? Is the marriage still legal?
Dear Client,
Registration of marriage is not mandatory. marriage photograph a sufficient evidence that marriage took please.
if husband has behave in such a way would be advised to reach out to him, and check his views about his views about continuation of marriage.
Further this act also amounts to domestic violence and desertion, and on this basis you can file divorce case at your location.
the time limit can be around 1 to 2 years for the case to be finally disposed off.
Regards,
Expert Jurist LLP
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