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January 30, 2025 at 12:40 pm in reply to: Proclamation and notice of sale of my property by BBMP Bangalore. #63401IIndianshivansh3984
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January 30, 2025 at 12:40 pmu/ 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.
January 30, 2025 at 12:19 pm in reply to: Wife’s right to inheritance of my parent’s self acquired property/cash transfer? #63818IIndianshivansh3984
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January 30, 2025 at 12:19 pmOptions (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.IIndianshivansh3984
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January 27, 2025 at 1:37 pm1. 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.
January 27, 2025 at 1:18 pm in reply to: Big Problem I don’t want to and Shouldn’t be facing but still need to… #65697IIndianshivansh3984
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January 27, 2025 at 1:18 pmYou have not mentioned your query.IIndianshivansh3984
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January 27, 2025 at 1:14 pm1. 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.IIndianshivansh3984
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January 27, 2025 at 6:39 amCredit 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.January 27, 2025 at 6:24 am in reply to: Scammed Through a Fake SBI Call: What Happens If We Don’t Pay? #66696IIndianshivansh3984
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January 27, 2025 at 6:24 amThe 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.IIndianshivansh3984
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January 24, 2025 at 3:14 pmDid you file formal cases against them via court and there has not been any action?January 24, 2025 at 2:40 pm in reply to: Abusive father filed a case at Regional Division Office, asking for money #67548IIndianshivansh3984
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January 24, 2025 at 2:40 pm1. 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).
IIndianshivansh3984
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January 24, 2025 at 1:59 pmSocial 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.IIndianshivansh3984
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January 24, 2025 at 1:54 pmWhat 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.
January 23, 2025 at 9:21 am in reply to: Is it legal to catch a Aquatic turtle found near a Lake and keep it as pet? #68163IIndianshivansh3984
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January 23, 2025 at 9:21 amIndian Flapshell is a Schedule I protected species according to the Wild Protection Act.January 23, 2025 at 6:47 am in reply to: Muslim want to organize prayer ceremonies at home in Ramzan #68387IIndianshivansh3984
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January 23, 2025 at 6:47 amThis 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
IIndianshivansh3984
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January 21, 2025 at 1:36 pmA 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.
IIndianshivansh3984
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January 21, 2025 at 9:29 amDo 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. -
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