Indianshivansh3984

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Viewing 15 posts - 106 through 120 (of 134 total)
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  • Indianshivansh3984
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      Indianshivansh3984
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      January 30, 2025 at 12:40 pm
      u/ S144 & S147 BBMP Act, BBMP is within its right to levy taxes and take coercive actions, which may include the attachment and sale of distressed property.

      As the owner, you bear the responsibility for the taxes (unless otherwise specified in the tenancy agreement). The fact that the property is in litigation does not absolve you of your responsibility towards government taxes.

      Indianshivansh3984
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        I
        Indianshivansh3984
        PARTICIPANT
        January 30, 2025 at 12:19 pm
        Options (A) and (B) are most valid, just make sure that:

        For (A) – Make sure of proper TOP(duties and such) to keep title clear, and so that the wife cannot later claim contributions in acquisition and also do not allow improvements via wife’s money of the said property to maintain a clear title.

        For (B) – the monies are transferred into individual accounts and not in joint account or in an account which is regularly used for household expenses, as then it could be considered marital assets/joint marital income and could be claimed.

        Aside from these:
        1. A family trust with you as a beneficiary.
        2. An LLP with relevant bylaws and you as a shareholder.
        3. Formation of HUF and you as coparcener.

        in reply to: Is marriage certificate optional? #65302
        Indianshivansh3984
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          I
          Indianshivansh3984
          PARTICIPANT
          January 27, 2025 at 1:37 pm
          1. The certificate and registration are done mainly for record-keeping and have nothing to do with the validity of a marriage.
          S8 HMA specifically says, **”The validity of any Hindu marriage shall not be affected by reason of the non-registration.”**

          2. S5 HMA marks the validity conditions of a marriage, which include solemnization with proper rites and ceremonies, and there is no legal bar.
          If Pappi presents photos and videos showing the customary Hindu marriage rites, the courts would accept these as evidence of their marriage.

          3. If Pappu were to fake another wedding to make this wedding void, he could be charged u/ S82(1/2) BNS.

          4. If Pappu’s plan to fake the evidence is caught, he could be charged u/ S229 BNS.

          Indianshivansh3984
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            I
            Indianshivansh3984
            PARTICIPANT
            January 27, 2025 at 1:18 pm
            You have not mentioned your query.

            in reply to: Married woman, married another man without divorce #65341
            Indianshivansh3984
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              I
              Indianshivansh3984
              PARTICIPANT
              January 27, 2025 at 1:14 pm
              1. Consult a different advocate; the current one does not seem to be a good one.
              2. If the woman was already married and did not get a divorce prior to marrying your friend, the second marriage is void ab initio (from the beginning). Not only that, charges of bigamy under Section 81(1/2) BNS can be sought after.
              3. Similarly, if the marriage is void, there is no need for a divorce. It is advisable to obtain a formal declaration from a court that the marriage is a nullity.
              (This would also come in handy in thwarting claims from this woman.)
              4. S498A will not apply, as there are judgments from the Supreme Court of India stating that S498A cannot be invoked in cases of a void marriage.
              5. Some sections of the Domestic Violence Act might still apply.

              in reply to: Is credit card secured or unsecured debt? #68108
              Indianshivansh3984
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                I
                Indianshivansh3984
                PARTICIPANT
                January 27, 2025 at 6:39 am
                Credit card debt is unsecured debt.
                It can only be recovered from the deceased person’s estate, but that too only after filing and winning a civil suit for it.

                Indianshivansh3984
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                  I
                  Indianshivansh3984
                  PARTICIPANT
                  January 27, 2025 at 6:24 am
                  The bank would treat this as two separate matters: one of fraud, which they would try hard not to accept, as your father did provide the PIN/OTP himself. The second would be the card’s dues owed. The two separate “departments” would not communicate or take responsibility.

                  Then comes the post-default money recovery:

                  1. The bank will start contacting you via calls/texts. The behaviour of the calls would deteriorate as time progresses.
                  2. Third-party agents would also contact you, and they could behave worse.
                  3. You would receive many legal notices, some fake, some real.
                  4. You may also get home visits from such TPAs, and depending on the area you live in, their behaviour could be downright criminal.

                  I advise you to read up on defaulter rights and not tolerate any misbehaviour. You may have to later settle the account by paying 30-50% if the “investigation” does not end in your favour, as your father had some negligence and thus some responsibility
                  The actual real action is a recovery suit against your father in court. Other than that, whatever the TPAs and banks might claim, they cannot do anything. Especially not taking anything from your home without your consent.

                  in reply to: Action against police officers #67534
                  Indianshivansh3984
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                    I
                    Indianshivansh3984
                    PARTICIPANT
                    January 24, 2025 at 3:14 pm
                    Did you file formal cases against them via court and there has not been any action?

                    Indianshivansh3984
                    Participant
                      I
                      Indianshivansh3984
                      PARTICIPANT
                      January 24, 2025 at 2:40 pm
                      1. Sr. Citizen’s Act cases are handled by tribunals and not courts (at first). The offended/accuser parents represent themselves, and the same applies to the children. Advocates are not allowed to handle these directly (though you can be coached offsite).

                      2. Such tribunals are biased in favour of parents as the goal is to stop vagrancy.

                      3. Your father would need to establish that he does not have any means to sustain his needs, and if proven true, some maintenance could be awarded to him (often ₹10K limit).

                      in reply to: Action against police officers #67530
                      Indianshivansh3984
                      Participant
                        I
                        Indianshivansh3984
                        PARTICIPANT
                        January 24, 2025 at 1:59 pm
                        Social media can only do so much. If you have reason to believe that the policeman is working against the guidelines of the law and is misusing their powers against you, you can formally raise complaints against them and hold them accountable.

                        in reply to: Is my Marriage legal? #67468
                        Indianshivansh3984
                        Participant
                          I
                          Indianshivansh3984
                          PARTICIPANT
                          January 24, 2025 at 1:54 pm
                          What is mentioned in the earlier post does not constitute a valid divorce in India. There is no divorce without following due process and a decree from the court. A stamp paper like that will not have any legal recognition equal to that of a divorce decree.
                          As such, if she has done the same in an earlier marriage, she is still legally married to her previous husband and is living with you in a bigamous relationship, which is not considered equal to marriage.

                          Not only can you annul your wedding, but she can also be charged with bigamy and fraud under the relevant sections.

                          P.S. Typing while travelling, so I could not provide proper details.

                          Indianshivansh3984
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                            I
                            Indianshivansh3984
                            PARTICIPANT
                            January 23, 2025 at 9:21 am
                            Indian Flapshell is a Schedule I protected species according to the Wild Protection Act.

                            in reply to: Muslim want to organize prayer ceremonies at home in Ramzan #68387
                            Indianshivansh3984
                            Participant
                              I
                              Indianshivansh3984
                              PARTICIPANT
                              January 23, 2025 at 6:47 am
                              This would come under Art-25, especially since you are going to have this ceremony in your own private space, which provides you with greater latitude.

                              The most common issue or excuse people have is about the noise. You claim that it would be a silent or more or less reasonably noisy event, although continuous 30-day gatherings could get tiring for neighbours. So, it would be better to check the RWA guidelines and keep the building secretary in the loop

                              in reply to: 10k for reading charges to read the case file #70410
                              Indianshivansh3984
                              Participant
                                I
                                Indianshivansh3984
                                PARTICIPANT
                                January 21, 2025 at 1:36 pm
                                A nominal reading/opinion fee is a must-have tool for any advocate. It not only provides some remuneration when we are not given a case, but it also weeds out non-committal persons from wasting your time.

                                Prospective clients come to us, having been wronged. Now, they not only want justice, but they also want to talk about it. The same applies to reading the files, which is often a voluminous and laborious task that nevertheless needs to be done.
                                It’s one thing to dedicate time and focus to a client who is paying you properly. Oftentimes, even in those situations, I need to stop a client from ranting pointlessly and bring them to the point quickly.

                                When it comes to discussing a case, often involving multiple years’ worth of documentation, only to then have them think my expertise is not needed, it’s not going to be in my best interest to allow people to occupy my time in such a manner without any payment. Not only are my skills being utilised without compensation, I could potentially lose another client who would be willing to hire me properly.

                                The number of people who waste an advocate’s time is surprisingly high. After a point, the apprehension people feel towards the courts/advocates/police diminishes, and they are simply looking to vent. My chamber is not the place to do so.

                                in reply to: Threats of legal notice by a popular bike rental #69816
                                Indianshivansh3984
                                Participant
                                  I
                                  Indianshivansh3984
                                  PARTICIPANT
                                  January 21, 2025 at 9:29 am
                                  Do not be intimidated by their delayed claim, violation of their own T&C, factored with the principle of estoppel and promissory estoppel, and attempts to shift the burden of proof.
                                  Even if they were to file a suit against you, it would not hold any grounds and would be dismissed.

                                Viewing 15 posts - 106 through 120 (of 134 total)