My pensioner mother is demanding maintenance from her son. Hi. My mother lives in our own house in Kolkata with my unmarried sister. My father died in 2014 and left no will. The house now has 3 equal shares between the three of us. My mother is demanding that I give away my share of the house to her. Otherwise my mother has threatened that she would demand maintenance from me. My mother is a family pensioner and also has a lot of money invested in the bank earning interest. She is staying in her own house built by my late father. Can she demand maintenance from me? Please help me with legal advice.
Asked from: Uttar Pradesh
A pensioner possesses adequate financial means to sustain herself; therefore, your pensioner mother does not have a valid basis to seek maintenance from her children. Section 125 of the Code of Criminal Procedure (CrPC) in India primarily serves the purpose of providing maintenance to specific categories of individuals who lack the financial capacity to support themselves. The main objective of Section 125 CrPC is to ensure that those entitled to maintenance receive financial support from certain family members when they are incapable of self-sustenance.
If your mother proceeds to claim maintenance and initiates a legal case under Section 125 of the Code of Criminal Procedure, it is advisable to raise an objection regarding the maintainability of the case. The case is not maintainable as it contravenes the provisions outlined in Section 125 CrPC. Given that your mother is not in a state of destitution, her claim for maintenance is unlikely to succeed.
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How to obtain the Medico Legal Certificate pending from 2019? I need to obtain my own MLC papers from the hospital. At the time of the incident, I went to file a complaint about the incident and injuries caused by the accused person. However, they managed to influence the Investigating Officer (IO), and no action was taken on my complaint. Instead, a fake FIR was filed against one of the accused person’s mothers. I have been suffering because of this.
Please guide me on how to obtain the MLC (Medico-Legal Certificate) from 2019, when the police sent me to the hospital. I do not have a copy of the FIR, as my original complaint has been destroyed. What is the process to obtain the MLC, and can you please provide guidance on this matter?
It is tough to get medico legal examination after the lapse of four years. To obtain the medico legal certificate you had to approach the government hospital immediately after the incident. After four years of the incident all injuries have been heeled. Hence, doctor will find nothing from the examination of injured area.
You should avoid taking medico legal certificate from the hospital. Instead of it, you should try to lodge first information report on the basis of complaint you lodged in 2019. If offences committed against you are punishable with the imprisonment over three years, then there is no limitation period for initiating proceedings against the accused.
Departmental inquiry is initiated after six years of retirement. I retired in 2015 from the post of junior engineer in the irrigation department of Uttar Pradesh. At the time of retirement neither departmental nor judicial inquiry was pending. Therefore I got entire retirement benefits. After six years from the date of retirement a show cause notice had been issued to seek clarification about the excess payment regarding the construction of the check dam. I replied with a show cause notice but the department rejected my reply and held me guilty for excess payment to the contractor and initiated departmental inquiry about recovery of sixty lakh rupees from my retiral benefits. Now I am facing a false departmental inquiry without my fault. Please help.
Asked from: Uttar Pradesh
According to the Regulation 351A of the Civil Services Regulation (CSR) the department i.e. State Government cannot initiate departmental inquiry after four years of retirement. Therefore, the departmental inquiry which is initiated after six years of retirement is violative of Regulation 351A.
Regulation 351A of CSR protects the pensioners from malicious action of the state. 351A makes it mandatory for the government to take a sanction from the Governor before initiating departmental inquiry against the pensioner and the departmental inquiry shall be in respect of an event which took place not more than four years before the institution of such proceeding. The relevant part of Regulation 351-A of Civil Service Regulations is extracted below:-
The Governor reserves to himself the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused Government, if the pensioner is found in departmental or Judicial proceedings to have been guilty of grave misconduct, or to have caused pecuniary loss to Government by misconduct or negligence, during his service, including service rendered on reemployment after retirement :
Provided that- (a) such departmental proceedings, if not instituted while the office was on duty either before retirement or during re-employment- shall not be instituted save with the sanction of the Governor.
Such departmental proceedings shall be in respect of an event which took place not more than four years before the institution of such proceeding.
You retired in 2015 and departmental inquiry is initiated in 2021. Therefore, it is an undisputed fact that the incident in respect of which the departmental inquiry has been initiated took place much more than four years before the initiation of departmental inquiry.
In this situation the Governor cannot give sanction because the proviso of Regulation 351A specifically bars to grant sanction after four years of retirement. If the Governor has given sanction for prosecution/departmental inquiry, then such a sanction is illegal and void.
You should immediately file a writ petition in the High Court under Article 226 of the constitution of India for quashing of the departmental inquiry. The court shall not hesitate to quash this inquiry because it is initiated in violation of Regulations 351A of CSR.
Also read: Quashing of departmental proceedings
Neighboring tree is causing damage to my house. My neighboring trees over my house roof and destroyed my roof what shall I do?
Growth of neighboring tree over your house which is damaging your house is an act of nuisance. You have to send a legal notice to your neighbour and request him to cut the unwanted branches so as to protect your house. It is responsibility of your neighbour to prevent any kind of nuisance created by the growth of three.
Nuisance is a legal term that refers to a condition, activity, or situation that causes annoyance, inconvenience, or harm to another person or their property. Nuisances can take various forms, and they are typically categorized into two main types:
- Private Nuisance: Private nuisances are actions or conditions that interfere with an individual’s use and enjoyment of their property. Common examples include loud noises, offensive odors, excessive smoke, and encroachments onto someone else’s property.
- Public Nuisance: Public nuisances are actions, conditions, or situations that affect the general public’s health, safety, or welfare. These nuisances can impact an entire community or neighborhood. Examples may include illegal dumping, pollution, or activities that disrupt public peace.
Your case comes under the private nuisance. If your neighbour does not want to remove unwanted branches of his tree, then you can initiate a civil suit against him. You can file a civil suit for the removal of nuisance and compensation.
In both private and public nuisance cases, the injured party (plaintiff) may seek legal remedies such as injunction (an order to stop the nuisance) and/or monetary damages to compensate for harm or losses suffered due to the nuisance.
Father can transfer entire property to grandmother. My age is 16 and I’m the only son. My mother died 3 years back and so now my father is going to re-marry. It’s a very tough situation, my father says that he’ll give the entire property and assets to my grandmother and then she’ll give all that to me when I’m old enough. Everything we own is ancestral property but then there is also assets like gold or silver. So is there any chance that my stepmother can acquire all that and push me out. I’m scared please answer.
Your father can make an arrangement and provide you entire property through your grandmother. Actually, your father wants to transfer all property to his mother who shall again transfer it to you when you become adult. There is no legal impediment in creating a intermediary right in favour of your grandmother.
Your grandmother shall get limited right in that property, and she’ll have no right to alienate or transfer it to any other person. The ultimate right shall vest in you when you attain the age of majority. You are a minor boy; hence, your father may create such a safeguard for smooth transfer of property.
This is an acceptable mode of transfer of property when the ultimate beneficiary is minor. In India, transferring property to a minor (a person below the age of 18) can be legally complex and typically requires specific procedures to ensure the minor’s best interests are protected.
The property can be transferred to a minor through a legal guardian, usually a parent or court-appointed guardian. The guardian must provide consent on behalf of the minor.
If the minor is below the age of 18, the natural guardian (usually the parent) can act on the minor’s behalf to manage the property. However, certain restrictions may apply depending on the nature of the property.
The property cannot be alienated or sold by the guardian without the permission of the appropriate court. This rule is designed to protect the minor’s interests and prevent misuse of the property.
Any income generated from the property, such as rent or dividends, is typically considered the minor’s income and should be used for their benefit. The guardian is responsible for managing and investing this income prudently.
When the minor reaches the age of majority (18 years), they have the right to take possession of the property and manage it themselves. The guardian’s role typically ends at this point.
Former employer has withheld salary. As I was working with Maruti car dealership I left the job on 31 August company has held my salary saying that I have not served the notice period.
Asked from: Haryana
If your former employer has withheld your salary because you did not serve the required notice period, you should take the following steps to address the situation.
Carefully review your employment contract or any agreement you had with your employer. Check if there are specific clauses or terms regarding notice periods, salary deductions, or any other relevant policies.
Reach out to your former employer to discuss the matter and seek clarification. Explain your reasons for leaving and inquire about their reasons for withholding your salary. Maintain a professional and respectful tone in your communication.
If there is room for negotiation, discuss the possibility of finding a mutually acceptable resolution. This could involve agreeing on a compromise, paying a penalty fee, or working out an arrangement to fulfill the notice period obligations.
Keep records of all your communications with your former employer, including emails, messages, or letters. These records can be important if you need to escalate the matter.
If you believe your former employer is acting unfairly or unlawfully, you may file a case against it for disbursal of salary and compensation. You should file that suit in the labour court. Arbitrarily withholding an employee’s salary without proper justification can indeed be a breach of labor laws. Labor laws in India are designed to protect the rights and interests of employees, and withholding salary without a valid reason is generally not allowed.
Your employer cannot make unauthorized or arbitrary deductions from your salary without proper documentation or agreement. Any deductions must be clearly communicated, and you should be given an opportunity to dispute them if necessary.
Legal action against department for not granting NOC for higher studies in foreign university
Tenant has made substantial changes in premises without permission of landlord. I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment?
Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent.
Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant.
I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter. Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience. P.S. How can I send the rent agreement cum compromise?
Asked from: Maharashtra
Tenant has no right to make substantial changes in premises without permission of the landlord. Installation of additional toilet without written permission of landlord renders breach of rental (lease) agreement. Upon breach of agreement, the landlord has the right to evict the tenant even without notice.
Contact the tenant in writing to express your concerns regarding the unauthorized alterations. Request a meeting or written response to discuss the issue. In some cases, tenants may not be aware that their actions violated the lease agreement, and they may be willing to rectify the situation.
Take photographs or videos of the unauthorized alterations to the property. This documentation will serve as evidence in case legal action becomes necessary.
You may need to provide the tenant with a formal notice to cure the violation (remove the alterations) or quit the premises (move out). The notice should include a reasonable deadline for compliance, usually within a specified number of days.
If necessary, you should file an eviction suit against the tenant on the ground to breach of rental agreement. This is a solid ground to evict him because alteration in premises causes serious injury to the property.
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My boyfriend has relations with more girls than one. My boyfriend cheated on me. We were in a relationship but on other side he was in one more relationship. Now I am mentally and physically exhausted. I tried calling him multiple times but he blocked me also.
Asked from: Delhi
You cannot compel your boyfriend to end relations with other girls because, at this stage of friendship, you should be more cautious rather than have blind faith in such a dubious man. Your boyfriend has not given you a false promise of marriage and established bodily relations with you. He has not committed cheating to get any favour from your side.
If you still want his company, then you cannot direct your boyfriend to restrict his relations with other girls. In a healthy relationship, both partners should communicate openly and establish boundaries together. It’s essential to have a conversation about what each of you is comfortable with and find a compromise that respects both individuals’ feelings and needs.
Trust, respect, and mutual understanding are key elements in maintaining a successful and harmonious relationship. If you still have trust in him, you can keep your relationship; otherwise, you should make a wise decision and end this. You should look forward and don’t indulge in sentimental matters.
Related: How to take legal action against my boyfriend who has raped me?
Wife has past relations with a boy Can I take divorce. My wife had past relations with a boy which I recently came to know. In this situation, I don’t want to live with my wife. She is very clever lady and I think that she is still in touch of that man. Can I take divorce?
If you have no evidence to prove that your wife has been living in adultery, then you cannot seek divorce. Past relations with a boy do not give you a right to get divorce. According to Section 13 of the Hindu marriage Act, 1955 you have to prove adultery of your wife which she committed after marriage.
You want divorce in the hypothetical situation which is not acceptable. You should refrain from making false allegation against your wife. Physical relation with a person before the marriage does not constitute matrimonial crime or infidelity. It shall not constitute a ground for divorce.
Infidelity, in the context of marriage, is generally considered a breach of trust and fidelity to one’s spouse. Matrimonial issues related to infidelity are primarily matters of personal ethics, morality, and civil law rather than criminal law. In cases of infidelity, the legal consequences typically revolve around civil matters such as divorce.
Under Section 13 of the Hindu Marriage Act, 1955, there are several grounds on which either spouse can seek a divorce from a marriage solemnized under the Hindu religion. These grounds include instances where one party has committed adultery, among others.
Section 13(1)(i): This clause states that a marriage can be dissolved if, after the solemnization of the marriage, either party has had voluntary sexual intercourse with any person other than their spouse. In other words, if one spouse engages in extramarital affairs or adultery, the other spouse may file for divorce on this ground.
Thus it is evident that for the adultery the wife must have sexual relations with a person other than spouse. If sexual relations were established before the marriage, that will not constitute adultery.
Can I file criminal case in Noida against company situated in Chennai. I reside in Noida, Sector 20, and have been employed by a Chennai-based company for the past six months. Unfortunately, they have withheld my salary on unsubstantiated grounds. Is it possible for me to file a criminal FIR online, ideally without the necessity of traveling to Chennai?
Yes, you can file a criminal case in Noida, regardless of the fact that the company is originally situated in Chennai. This is because a portion of the offense has taken place in Noida, allowing you to lodge a First Information Report (FIR) against the company in Noida.
According to Section 178 of the Code of Criminal Procedure, when an offense is committed partly in one local area and partly in another, the FIR can be lodged in either of those areas.
In terms of jurisdiction for registering and investigating the crime, it is essential that a portion of the offense occurs within the territorial jurisdiction of the local police station. Section 177 of the CrPC specifies that the act constituting an offense must occur within the jurisdiction of the respective Magistrate for them to take cognizance. However, Section 178 of the CrPC holds that even if only a part of the cause of action has arisen within a jurisdiction, it is sufficient to initiate criminal proceedings against the accused person.
Section 178 of the CrPC takes precedence over Section 177, meaning that when a part of the cause of action has arisen, it is adequate to commence criminal proceedings.
Section 177 of the Criminal Procedure Code, 1973, pertains to the ordinary place of inquiry or trial, whereas Section 178 of the CrPC addresses the place of inquiry or trial when it is uncertain in which of several local areas an offense was committed, or when an offense is committed partially in one local area and partially in another. You can lodge FIR in Noida without hesitation.
