My boyfriend and I had a relationship for 6 yrs. My boyfriend has exploited me by spending money on me and I spent too little as I was a student. We were both happy because he spent a lot of money on me and bore my study expenses.
But now I am unhappy with him. I wanted to break up with him but he was blackmailing. I said that he will be my father and give details about the money he spent on me. He abuses me everyday and is a mental torcher for me.
Your relationship was based on your free consent. It was a consensual relationship. You never demanded him to spend money or bore the study expenses. All he did with his choice and free will. However, you have also spent some money.
There is nothing illegality between your relationship so you should not be worried. If he tells all these things to your father you should confidently defend yourself. Your father should understand you and your relationship. Spending money in love and affection is no offence. But unlawful demands in lieu of those expenses or monetary help may constitute offence.
You can lodge a first information report (FIR) for the offence of extortion. Extortion is an offence and made punishable under Section 384 of Indian Penal Code. Your boyfriend is exploited you in lieu of spending money on you is an act of extortion.
My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family is involved in this. What should I do?
You cannot do anything against the buyer. He is a bona fide purchaser of that land. Mutation is evidence of possession in respect of the land mentioned in the khatauni. Khatauni is an important piece of revenue record.
But the land can be sold without mutation. However, there is a risk in purchasing land which has not mutated in the name of the seller. But, there is no law which mandates that mutation is necessary for sale. A valid sale deed is a legal document to prove ownership.
There is no dispute about ownership because a person cannot claim ownership on the basis of mutation. Hence, you cannot challenge the sale of that land only on the ground that your father did not do mutation.
Property has not been mutated since 1980: What should I do?
Question: Property has not been mutated since 1980: What should I do? My grandfather purchased a property in 1980. Property is ancestral. The Sellers are 3 brothers and 2 sisters, property is partitioned verbally and 3 brothers sold this property to my grandfather due to lack of knowledge we can't do mutation till now.now their son claims on the property..they wanted to take this property. What should I do?
Asked from: Odisha
Mutation proves the possession of a person. If you have the possession over the land the claim of legal heirs of the seller doesn't matter.
Mutation does not prove ownership. If there is no dispute regarding the ownership you should move an application for mutilation of land in your name.
Cooperative Housing society is on 98 years leased land. Property is going for redevelopment. Can conveyance deed be done with the developer.? Builder is going to give freehold ownership flats to tenants. Builder is asking us, who are the landowners, to do a conveyance deed with the society. This we do not want to do as society has no money. Can conveyance deed be done with the developer rather than the society ?
In your case the cooperative housing society is the lessee. There is a ninety eight years lease in favour of the cooperative housing society. Hence, the promoter shall make conveyance deeds with the cooperative housing society.
This project is not covered under the provision of Maha RERA (Maharashtra RERA). Therefore, section 17 of the Real Estate (Regulation and Development) Act, 2016 shall not apply in this case. According to section 17 the promoter shall complete the conveyance deed with the buyer within ninety days from the obtaining of completion certificate. The builder is bound to give possession after obtaining a completion certificate.
My father got married after my mother's death and at present having 2 daughters both unmarried over the age of 30 plus. He wants share distribution of ancestral property on the advice of stepmother. I am the only son from my father's first marriage. Now my stepmother is forcing my father to distribute property equally into 3 parts. Property is ancestral not acquired by father himself. They want to misutilized property for themselves and force my father to transfer his portion. Is it possible if yes, what is the right and legal way of distribution. Please guide me.
Your father’s second marriage is legal. The children born out of the wedlock of the second marriage are legitimate. There are four coparceners. Your two stepsisters, your father and you are the coparceners. Hence, the ancestral property shall be divided in four parts, your father and three coparceners.
The ancestral property shall devolve upon the coparceners only. Your stepmother cannot claim any share therein. This is an exclusive property because it gives coparceners a right by birth. Even father cannot take away the rights of coparcener.
After the partition, the nature of ancestral property will change. It will become the personal property of each coparcener. If your father wants to bequeath or gift his share to his two daughters, he can do so by making a Will or a gift deed.
There is an encroachment of the public paved road. Can anyone occupy a 60-year-old paved public road by saying that this has been made wrong? What is the legality of the road in Indian law?
Public road is a public property vested in the ownership of the government i.e. state. Any encroachment on public property is an offence. The police regulation act empowers the station house officer to immediately take action against the encroacher.
Police have another option. It can send a report to the sub divisional magistrate under Section 145 crpc to take a bond from the encroacher and remove the encroachment on the public land.
The Prevention of Damage to Public Property Act, 1984 also empowers the state machinery to take appropriate action against the person who is causing damages to the public property. A person who has encroached the public paved road is damaging that property.
Thus, no one has the right to encroach on the public path, paved road, property etc. Public road is to be used by the public hence, any person can report the act of encroachment to the police, sub-divisional magistrate, district magistrate or file a public interest litigation. You can report against the encroachment of the public paved road.
Can I claim for increasing maintenance in mutual consent divorce? Whether maintenance granted under consent terms in mutual divorce can be directly enhanced under 127 crpc without any order under 125 crpc.
The decree of mutual consent is a consent decree hence, parties are bound by the terms and conditions of the decree. If the decree is silent about the increase of the amount of maintenance by efflux of time the decree holder (wife) can move a fresh application to the same court who has passed the decree for the enhancement of the amount of maintenance.
No need to approach the court under Section 125 of the Code of Criminal Procedure. In this suit the terms of Section 125 crpc or chapter IX of the CrPC will not apply. Hence, the court shall not entertain your application under Section 127 crpc for increasing the monthly maintenance.
Increasing maintenance in mutual consent divorce
The court can enhance the amount of maintenance under Section 127 crpc if an order under Section 125 has been in force. In your case no such order is in force. So you should approach the family court through a fresh application under Section 151 cpc (the code of civil procedure) for amendment of decree (enhance the amount of alimony). Don’t move an interlocutory application because the suit has already been decreed.
In Janakirama Iyer v. P. M. Nilakanta Iyer A.I.R. 1962 S.C. 633 the Supreme Court had declared that an amendment can be made by the court which has passed the decree.
How to get back money from my younger brother?. Younger brother demanded money from the older brother and gave some amount to him without any paperwork. If the younger brother ignores or does not return the money, what action will the older brother take ? Is there any legal action?
You have the right to recover the money from your younger brother if you have given him for a lawful purpose. However, it was not a contract under which money was given. But you have a right to recover the money with interest or without interest.
At present you want to get back the money from your younger brother hence, it proves that it was either an unsecured loan or not a gratuitous act.
You should file a civil suit (money suit) for the recovery of money from your younger brother. In this situation you should send a legal notice to him and give him a chance to settle the matter out of the court. Thereafter, you can get back your money from your younger brother.
I was in love with a man for 8 years. He cheated on me and got married. We patched up in 6 months and he promised to leave his wife and marry me. Even after 9 years he has not left her and now he wants to leave me. Can I file a case on my ex-boyfriend who has married another lady?
You cannot file any case against your ex-boyfriend. He did nothing wrong and the friendship between him and you was consensual. As per the question, it does not seem that there was any kind of exploitation on his part. Your ex-boyfriend has not cheated on you because he did not promise you to marry.
Your relationship was not based on the false promise of marriage. Thus, he did not commit any offence. Every person has the right to choose his life partner. It is a fundamental right.
If there was no deception there was no offence. Therefore, you cannot file a case on your ex-boyfriend who has married another lady?
Can I file a case against my boyfriend for mental harassment and cheating on me and marry another girl?
Question: Can I file a case against my boyfriend for mental harassment and cheating on me and married another girl? We had a 11 year relationship with each other. His parents and my boyfriend tourcher me everyday to get married . But my parents don't want us to get married soon. In the end my boyfriend decided to marry another girl without informing me. He blocked me from social websites and he decided that one of our common friends told me that he is now married don't spoil his life. I am mentally upset with all this. I just hope that in the future he won't be able to spoil my life.
Asked from : Punjab
You should lodge an FIR against him for the offence of criminal intimidation. He has no right to interfere in your decision of marriage. Your relationship was consensual. He should not assume that the girl is ready for marriage.
Any kind of pursuance shall constitute an offence of stalking. In these circumstances you should immediately lodge an FIR.
Cracks in my duplex flat due to construction of mezzanine floors in my neighbouring flats. Neighbouring flat owners constructed RCC mezzanine floors without permission, damaging the structure of the building.
You should file a complaint if you have evidence to prove that cracks in your duplex flat were inflicted due to construction of mezzanine floors in your adjoining flat. That complaint shall be filed before the municipality corporation or the authority who has approved the plan of your apartment.
Cracks in your duplex flat are a serious matter. It may decrease the value of your flat. Simultaneously you can file a civil suit for permanent injunction under Section 38 of the Specific Relief Act. through the perpetual injunction you’ll prohibit your neighbour to do any kind of construction work which may cause damage to your flat.
That construction work is illegal because it is against the sanctioned plan. This construction is causing Cracks in your duplex flat. No such floor has been mentioned in the sanctioned plan by the competent authority. In this scenario the appropriate authority shall stay the construction work on your complaint. Any construction in violation of the sanctioned plan is prohibited by the urban planning law.
