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The will left by my grandfather is notarized with witnesses. I have the copy of the notarized will. How can I get the certified copy?
Hello Sir.
If the will is not registered at the subregistrar's office, a certified copy of the will can’t be produced.
However, you may probate the notarized will by summoning the notary public and attesting witnesses.
Regards.
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I want to file 340 crpc on my wife's petition under sec 156 crpc. Which she filed on 01 oct 22 and the magistrate order for fir on 14 oct. 22 on the same petition. Now can I file 340 crpc I have strong evidences against her petition. Pl guide me.
Hello Sir. This is Adv. Shrikant Samantara.
If she has committed perjury during the proceedings of the court by filing false and fabricated evidence in the court, you may file an application under section 340 CrPC read with section 195(1)(b) of CrPC before the same court.
Regards.
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Wife left matrimonial home by own in 4 month then I filed divorce case, wife filed false 498a case. Then filed application for alimony under IPC 24 & 125 in court. But with application wife attached fake salary slip of husband, to show husband have higher salary. So what need to do? Whether I need to file FIR? If yes then under which section for fake document?
Hello Sir. This is Adv. Shrikant Samantara.
Since perjury has been committed by your wife as she filed a false and fabricated salary slip of yours in court, you may file an application under 340 CrPC in the same court for the initiation of criminal proceedings.
Regards.
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(Sorry as I selected invalid categories as matching one with my query are not available) Dear Adv. My sister's MIL filed several false cases against her and involved advocates is creating "manipulated/false" petitions. I got strong proof and filed complaint in BCD. Being afraid of that, he did not appear in a second case against my sister and justice dismissed case due to non contesting and no notice was generated against my sister. How we can get that petition from court in a legal way?
Hello Sir. I hope you are well.
Since your sister was a party in the said suit, which has been dismissed because of default, she may obtain a certified copy of the petition in a legal manner.
Regards.
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Hllo sir/maam i want to ask question regarding my brother who was in relationship for 6 years his Girlfriend chetaed on him two times but my brother thought of giving in another chance she broke his trust again so he decided to break up with her both of families came to know about this and they want my brother to marry this girl they were physically involved one year back is there any scenario that they can file any type of case on my brother
Hello Sir.
There has been a rising trend of false accusations and complaints of rape under the false pretext of marriage. You may send a precautionary notice to the police authorities for the same or may avail of other remedies.
Feel free to reach out for further queries.
Regards.
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I filed section 13 case for divorce & already 3 counseling completed, Now my wife filed 498a false complaint in police station against me & my parent. So how can I dismiss 498a case & which precautions should I take
Hello Sir. This is Adv. Shrikant Samantara.
I hope you have already obtained anticipatory bail for yourself and your family.
Further, you may file a quashing petition before the Hon’ble High Court for quashing the said FIR under 498A on the grounds that would depend on the facts of your case and the judgments applicable.
Feel free to reach out for further queries.
Regards.
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There is a property on GPA with Reliquisment deed & I wanna to buy that property and wanted to make sale deed for same bt as sub registrar Currently transfer ownership From GPA to Sale deed is currently suspended ,is it correct ? If yes by when can I able to purchase that property
Hello Sir. This is Adv. Shrikant Samantara.
The answer to your query could only be answered properly, after going through the said GPA particularly the year of execution, it’s notarizarion/ registration and, terms and conditions contained therein. There are way by which such gpa could be converted into a deed, by paying stamp duty to the government.
Feel free to reach out for further queries.
Regards.
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Property of 8,50,000. I paid 7,40,000 from my own and son account. For rest 1,10,000 firstly i deposited cash {(my son money)} in husband account then used his account to issue cheque of 1,10,000. Because dealer said we can issue cheque from family account.. “”We did it bcoz chq should not bounce”” So now can husband can calim any share in property.. As i have proof of deposit in his account. That money earned by my son and then we accumulated it and then deposited in husband account.
Hello Ma’am.
Your husband may file a suit for declaration with a prayer that the directions may be passed, declaring that he is the real owner of the property. However, he would be required to prove the same in court with the receipts of payment, his earning capacity, and further evidence.
Considering your facts about the case, I don’t feel that your husband would succeed.
Feel free to reach out for further queries.
Regards
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I am from Delhi and being threatened by my ex girlfriend that I should pay her money or she will file a False Rape Case, Under which sections I can file my FIR before her and Are these even maintainable in Delhi Courts ? Please help me, Also What If police refuses to take my FIR, What can I do ? Please help Urgently
Hello Sir. This is Adv. Shrikant Samantara.
You may file a police complaint at the police station with jurisdiction. Sections 383 and 384 are the relevant sections of the Indian Penal Code for extortion.
If the police don’t register a FIR against your ex-girlfriend, you may file a complaint under Section 200 CrPC before the Ld. Magistrate having Jurisdiction along with an application under Section 156(3) for directions to the concerned police official for registration of the FIR.
She might make a police complaint on the grounds of rape under the false pretext of marriage. You better be careful.
Feel free to reach out for further queries.
Regards.
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Is medical certificate required for registering a will in Delhi? If no can a registered will be challenged on mental capacity ground?
Hello Sir. This is Adv. Shrikant Samantara.
A medical certificate is not required for the registration of a will, and the same could be done by other means.
Further, according to Section 59 of the Indian Succession Act, the testator making a will must:
(i) Not be a minor
(ii) Be of sound mind.
Explanations 1 to 4 of the section state that a married woman, a deaf, dumb, or blind person, an insane person during his soundness, and a person knowing the consequences of the will can make a will.
Feel free to reach out for any further queries.
Regards.
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