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EThat said, for someone whoās so focused on getting certified copies and pushing for shortcuts through bribes, I must say ā a munshi like you is probably better trained in chasing orders and managing paperwork. Advocates usually focus on litigation, drafting, and legal arguments.
So yes, if the OP only wants a certified copy and a way to āspeed it upā with questionable means, you as munshi may indeed be the more experienced person for that.ELet me clarify ā the OP said he got divorced 4 years ago but also clearly mentioned that he is missing a divorce decree and is even open to applying from Ghaziabad if the process is simpler. That clearly implies that the divorce might not be formalized through court or that the process was never completed legally.In India, a person is not considered legally divorced until a court passes a decree of divorce ā mutual or contested. Without that, remarrying is illegal, and getting a marriage certificate is not possible.
Also, divorce decrees are issued by the court where the case was filed, so if the divorce was filed in West Bengal, the decree cannot be issued from Ghaziabad or any other location. Thatās basic jurisdictional understanding.
Lastly, suggesting someone ābribeā court staff to get a decree quickly is not only unethical but also illegal. Letās maintain professionalism while helping others here. Thereās no need for personal attacks ā if you disagree, do so respectfully.
EHi, Iām an advocate, hereās what you need to know.Just giving a Power of Attorney to your wife and using her PAN does not shift the income tax liability from you to her if you are the actual owner of the property.
As per Indian Income Tax Law, the rental income is taxed in the hands of the owner, irrespective of who manages the property or collects the rent. Even if your wife executes the rent agreement and collects the rent via PoA, the income will still be clubbed with your income under Section 64 of the Income Tax Act.
But there is a loophole.
If you lease the property to your wife for a nominal amount and she then sublets it and earns rent from the subtenant, the taxability will shift onto your wife.
The lease should appear to be genuine and should be compliant ,backed by proper documentation and bank transfers (lease payment by your wifeās account to yours)
Basically, it must stand the test of scrutiny by tax authorities (if it comes to that.)If you need more help or guidance with the process, feel free to message me!
EHi, Iām an advocate and can help clarify this.A mutual consent divorce in India typically takes 6 months, but thereās a provision to apply for a waiver of the 6-month cooling-off period, which can reduce the entire process to around 1ā2 months. The procedure is simple and not cumbersome.
Since youāre flying back to London on the 21st and today is Thursday, you should file the petition today itself. If filed today, the matter can be listed for 18th (Friday) or 19th April (Saturday) for the first motion.
For the second motion, you have two options:
1. Come back after 6 months to complete the second motion statement, or
2. Apply for a waiver, which allows the second motion to be taken up sooner (in some cases, usually after a month).If you need any assistance with the filing or the process, feel free to message me.
EAn advocate here.From a legal standpoint, the burden of proof lies entirely on the person making the allegation. Since heās claiming that you owe him ā¹12 lakh, it is his responsibility to prove that such a debt exists. Given that there was no written agreement and the repayment from his side was made via bank transfer, it clearly supports your versionāthat he had borrowed money and repaid it.
Also, do note that this would be a civil dispute, and initiating a civil suit is a long and burdensome process. He will be required to lead evidence to support his claim, and youāll have the full opportunity to cross-examine him and contest his version of events.
In most cases like this, such threats are merely pressure tactics. Itās unlikely heāll actually proceed unless he believes he can fabricate evidence or coerce you into a settlement.
Most importantly, do not acknowledge or engage with his claims over texts, calls, WhatsApp, or any informal medium. Any such communication could be twisted and presented as evidence. He may attempt to create a paper trail or manipulate messagesāso remain cautious, neutral, and avoid giving him any opportunity to build a false case.
If you need further help or guidance, feel free to message me.
EAn advocate here.
From a legal standpoint, the burden of proof lies entirely on the person making the allegation. Since heās claiming that you owe him ā¹12 lakh, it is his responsibility to prove that such a debt exists. Given that there was no written agreement and the repayment from his side was made via a bank transfer, it clearly supports your versionāthat he had borrowed money and simply repaid it.Also, do note that this would be a civil dispute, and initiating a civil suit is a long and burdensome process. He will be required to lead evidence to support his claim, and during trial, youāll have the right to cross-examine him and challenge any documents or statements he submits.
In most cases like this, such threats are meant to intimidate. Itās unlikely he will go through with a suit unless he has substantial evidence, whichāby your accountāhe doesnāt.
Most importantly, do not acknowledge or entertain his claims over calls, texts, WhatsApp, or any other medium. Any statement you make could be twisted and used against you. He may attempt to create evidence to support his false claim, so be cautious and keep your communications minimal and neutral.
If you need further help or guidance, feel free to message me.
EAn advocate here.From a legal standpoint, the burden of proof lies entirely on the person making the allegation. Since heās claiming that you owe him ā¹12 lakh, it is his responsibility to prove that such a debt exists. Given that there was no written agreement and the repayment from his side was made via a bank transfer, it clearly supports your versionāthat he had borrowed money and simply repaid it.
Also, do note that this would be a civil dispute, and initiating a civil suit is a long and burdensome process. He will be required to lead evidence to support his claim, and during trial, youāll have the right to cross-examine him and challenge any documents or statements he submits.
In most cases like this, such threats are meant to intimidate. Itās unlikely he will go through with a suit unless he has substantial evidence, which, by your account, he doesnāt.
Most importantly, do not acknowledge or entertain his claims over calls, texts, WhatsApp, or any other medium. Any statement you make could be twisted and used against you. He may attempt to create evidence to support his false claim, so be cautious and keep your communications minimal and neutral.
Youāre on solid legal ground, but if the harassment continues, consider sending him a legal notice to formally put him on record.
