Indianshivansh3984

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  • in reply to: During divorce dispute of my chacha ; fir on my parents #57370
    Indianshivansh3984
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      Indianshivansh3984
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      February 10, 2025 at 11:29 am
      Although technically somewhat correct, this is not entirely accurate.

      1. There is no need to antagonise the policemen needlessly. The police, like any government organisation, do not like to work (right?).
      By making them work, for example, by sending you a 41A CrPC (or right now 35 BNSS) notice, you make it a hassle for them and get it on record. But who faces the brunt in such a scenario?

      2. It is much better to send someone other than the accused to enquire about the specifics, and then act based on the information received. The names could simply be stricken off without all this, as it has become a routine procedure to do so now.

      >

      >Ask police to send you a 41A notice. Once they send you 41A notice, go to the police station with a lawyer. Buy a shirt with a pocket, put your phone in that pocket and record the police while you’re in the police station.Β 

      >Once you have a copy of the FIR ask your lawyer to file anticipatory bail and interim bail.

      3. What would be the purpose of filing for anticipatory bail in this situation?
      If they require an arrest and the accused presents himself, the police would simply arrest him, right?
      There is nothing else to do. So, what would be the use of anticipatory bail here?

      in reply to: Got caught smoking in public…need help #57171
      Indianshivansh3984
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        Indianshivansh3984
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        February 10, 2025 at 9:19 am
        Smoking what?
        A tobacco cigarette?
        That would be an offence u/ S4 COTPA and prosecuted u/ S25 COTPA and at worst it could mean a court visit challan of β‚Ή1000.
        Seeing that they let you go without one, it would be okay and it was all likely theatrics.

        P.S. It used to be just β‚Ή200 with an onsite challan, but the Central government rightly thought it was not stringent enough.

        Indianshivansh3984
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          Indianshivansh3984
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          February 10, 2025 at 8:37 am
          She could have filed a standard divorce package u/ S85-86 BNS, 316(1-2), the DV Act, and S144 BNSS for maintenance.
          The police might be asking for your passport based on her allegations, or they could be trying to create pressure for bribes. Marital disputes are often seen as prime cash cows for corrupt policemen.

          You need to cooperate with the police, but not at the cost of your rights. Here’s what you can do:

          1. Go to the police station or, better yet, send your advocate to understand the extent and scope of the complaints filed against you.
          2. Get the police to remove your mother’s name from the complaints unless the wife has adequately proven some wrongdoing.
          3. You may need to submit your passport (cooperate for now, as it counts), but make sure to get them to provide written reasons as to why they are asking for it.
          4. If needed, file for anticipatory bail to avoid the threat of arrest and relieve some pressure.

          After-all said and done, it would be cost-effective to settle through mutual consent divorce.

          in reply to: Need suggestion on a property issue #58816
          Indianshivansh3984
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            Indianshivansh3984
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            February 7, 2025 at 10:24 am
            Assuming you are a Hindu:

            1. If your grandparents die without a will, intestate, all surviving class-I heirs will get equal shares of the property. This means each of the 4 children (2 sons and 2 daughters) will get a 1/4 share.
            (It is possible that the sisters may be asked to relinquish their rights in favour of one or two brothers, either in good faith or by receiving compensation).

            2. I am not sure if you are asking about tenancy rights or adverse possession, but that does not apply here.
            Even if your uncle has the right to reside, it is shared with the other heirs.

            3. A property like this requires all co-owners to consent if it needs to be sold.
            In case they do not agree, you can file for a partition suit, and the court can help you realise your share, either through a buyout, division, or the sale of the house.

            4. Yes, as the owner of the property, your grandfather is well within his rights to do whatever he wishes, including writing you off if you suspect your uncle might manipulate him into doing so; Make sure to have a proper will written in your presence, which is fair to all children, and if it is not, the reason should be clearly mentioned.
            (A will can be challenged on limited grounds, but that should be a secondary tool.)

            in reply to: Help regarding Samsung phone #62064
            Indianshivansh3984
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              Indianshivansh3984
              PARTICIPANT
              February 6, 2025 at 2:20 am
              This service centre is trying to fleece money out of you.
              Samsung has issued an advisory that as long as:

              1. The device does not have physical/water damage or tampering.
              2. It is not older than 3 years on the date of submission.
              3. The user is the original buyer (and has proof of purchase).

              Then, it does not matter if the device is out of warranty; the user will only need to pay repairman charges of β‚Ή500-800 to get the free one-time screen replacement.
              The same can be confirmed with Samsung customer care, as the last date for this scheme varies for each particular device.

              in reply to: Property division post #60398
              Indianshivansh3984
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                Indianshivansh3984
                PARTICIPANT
                February 5, 2025 at 8:31 am
                It is a free country, and he can ask whatever he wants to his heart’s content; however, that does not hold any weight in the real world.

                1. Do not sign anything. Anything signed under coercion can be disputed, but it causes needless complications, so just avoid signing anything.
                2. Collect evidence and documents, and keep all communication with this uncle secure.
                3. Negotiate for the proper settlement of the FDs and an amicable distribution of property.
                4. Failing that (3), file for a suit of partition and a civil suit for the FDs.

                in reply to: Property division post #60396
                Indianshivansh3984
                Participant
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                  Indianshivansh3984
                  PARTICIPANT
                  February 4, 2025 at 8:01 am
                  1. The plot bought by your mother is her exclusive property and will not be factored in.
                  2. The uncle who has converted to a non-Hindu religion loses his share in inheritance.
                  3. Everything else needs to be divided amongst the surviving heirs (middle uncle and your mother) in an equal fashion.

                  Indianshivansh3984
                  Participant
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                    Indianshivansh3984
                    PARTICIPANT
                    February 4, 2025 at 7:37 am
                    MWP creates a trust for the benefit of the wife (and children), and you lose the right to change the beneficiary. Divorce does not automatically invalidate your ex-wife as the trust continues to exist.

                    To replace the wife, you would need to legally override the designation via court, which is very difficult. Alternatively, you could negotiate with the wife for a deed of assignment, but legally, she is not obligated to do this or pay you back.

                    in reply to: Consequences of not repaying to NBFCs #61385
                    Indianshivansh3984
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                      Indianshivansh3984
                      PARTICIPANT
                      February 3, 2025 at 2:46 pm
                      1. It is a civil dispute, and it could worsen due to harassment by TPAs.
                      2. You may contact the bank’s customer care, but there is no point in spending money to reply to legal notices.
                      3. Yes, settlement is possible at 30-50% of the principal.
                      4. From the bank’s perspective, she is the defaulter, and it may not matter much if she has taken the loan on behalf of her partner.

                      in reply to: A doubt regarding BNS sections and Rape #61318
                      Indianshivansh3984
                      Participant
                        I
                        Indianshivansh3984
                        PARTICIPANT
                        February 3, 2025 at 2:36 pm
                        1. Man to man, is not considered rape.
                        2. It would be classified as bodily harm or assault.

                        The BNS does not have any clause for such an offence.

                        Indianshivansh3984
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                          Indianshivansh3984
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                          February 3, 2025 at 2:33 pm
                          The legal notice is served to the respondent, which is your brother-in-law in this case and not the father-in-law (unless he has PoA from his son).
                          A proper service is crucial. Improper service can lead to delays and, in rare cases, the entire proceeding being invalidated.

                          Indianshivansh3984
                          Participant
                            I
                            Indianshivansh3984
                            PARTICIPANT
                            February 3, 2025 at 2:25 pm
                            S92 IPC for public smoking, unless you are a minor, would not be applicable. It is not solely relevant to public smoking.

                            Do read the challan properly to understand the other relevant sections.

                            in reply to: Jupiter pot money transfered without my consent #61101
                            Indianshivansh3984
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                              Indianshivansh3984
                              PARTICIPANT
                              February 3, 2025 at 1:43 pm
                              Lately, there have been multiple instances of such manual cross-deductions, where OneCard-Federal’s dues are being settled against the money in A/cs of Jupiter and Fi. OneCard is shown as the beneficiary of the account, and money is settled. In 7/10 cases, there is no prior intimation or even a post-settlement email for the transaction.
                              This, however, is not allowed without the consent of the end user. The bank may not transfer the funds; they may, in applicable cases, put a lien, but they cannot outright transfer the money.

                              I would advise you to raise complaints and keep escalating to available grievance levels up to PNO.
                              After exhausting these options, you can connect with the RBI Ombudsman (post 30 days of complaint registration and non-resolution).

                              Indianshivansh3984
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                                I
                                Indianshivansh3984
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                                January 30, 2025 at 12:51 pm
                                Legally, the property owner is liable for property tax.
                                In the case of commercial properties, it is customary to place the responsibility for such taxes on the tenant. However, the enforcement is on you. If the tenant did not pay their dues to you which includes rent and taxes (if it was agreed upon), it becomes a private dispute between you and the tenant. BBMP is not a party in this matter.

                                in reply to: PG owner refuses to give my security amount back #63447
                                Indianshivansh3984
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                                  Indianshivansh3984
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                                  January 30, 2025 at 12:44 pm
                                  β‚Ή2K is too small an amount to consider legal action. Even if everything were ideal (which we know is not the case), you would end up spending more in general expenses handling the situation, even without an advocate.

                                  Before considering legal action, ask yourself if you have the proper documentation, such as proof of rent or a rental agreement for the said room.

                                Viewing 15 posts - 91 through 105 (of 134 total)