Recent Legal Advice

My sisters want to partition in the ancestral property

My father received some ancestral property from my grandfather.  The property is purely ancestral because my grandfather got it from his father. My father died in 1997 by leaving four sons and three daughters. I am the elder son of my father. I am an engineer and...

Construction of house

You are the legal heir of your mother; hence, you have the right to mutate the property in your name. However, your name is entered in the revenue record as a legal heir of the deceased. So there will be no dispute towards heirship. After the construction of the house you will be the owner and no one will interfere in your right.

Builder is not returning my booking amount

Hello sir, I have booked a flat in Lucknow, the builder said that the time of booking that the project will accomplish in the year 2017. After taking faith upon him, I paid one lakh rupees as booking amount in the year 2015. When I visited the site in the year July...

The police officer has refused to register my case

Police says, No fir can be lodge for vehicle damage caused by any person. Yesterday at 11 pm, a boy from my colony came to me and asked for my car, but I refused to give him. Then he threatened me to break and damage my car, and he has damaged the door of my car. I...

Unrealistic response by wife for RCR notice

I have sent an RCR notice to my wife. She has answered that they will arrange for sitting after two months. Until then she will not come to my house. It seems, even though both of us are staying in Bangalore and my kid will be there at her parent’s house in Hyderabad....

Wife is threatening to take my flat

I am the owner of a flat purchased it before the marriage. My father is the co-owner in that property, and he also paid some amount in the purchase of the flat. The instalments of the EMI is about to complete. My father has relinquished his share in the property by...

The society has arbitrarily fined the tenant for a lawful act

Society has no power to levy such a hefty fine without giving you an opportunity to be heard. The landlord is bound to maintain the essential amenities in the house to make it inhabitable. The tenant has some basic rights if the landlord refuses to perform his duty.

What to do against the false allegation

Quash the false allegation made in the complaint. You can file a petition before the High Court under section 482 of CrPC for quashing of the criminal proceeding. The court has inherent power under section 482 to take appropriate step to do justice.

Claim refund of money against the builder under RERA

Section 18 of the Real Estate (Regulation And Development) Act, 2016 (RERA) entitles the flat buyer to claim a refund of money and compensation for any loss from the builder. If the builder did not complete the project within time he shall be liable to refund the money with interest.

Wife without any reasonable cause refuses to live with husband

Sub-section 4 of Section 125 crpc enumerates that if a wife without any reasonable cause refuses to live with her husband, she is not entitled to maintenance. The court before granting an order of maintenance must examine the fact of refusal to live with the husband.

Land record shows my land as inalienable

The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.

Any person can lodge the FIR

Section 154 CrPC does not mandate that only victim can lodge the FIR. Any person can register the FIR if he knows that a cognisable offence has been committed. In Prakash Singh vs State of Punjab, the Supreme Court held that police officer could not make an inquiry about genuineness of FIR.