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Messages - adv.amarnath

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Further marriage is not valid as Hindu girl is marrying Christian then marriage should have been registered under Special Marriage Act...not under others Act....

If Marriage done in others Act then marriage is not valid.

Marriage / Re: Is divorce or annulment required
« on: June 01, 2018, 09:52:07 AM »
As per Supreme  Court, that girl shall be regarded as your wife as both of you have been staying and leading a life as husband and wife though there is no existence of marriage either legal or social. Further a female child born.

You have to go for divorce preferable mutual if she agrees otherwise you have to file divorce case. In respect of minor child you have to take responsibilities and if your wife is also working then she must take equal responsibilities for welfare of child.

After divorce you can remarry

Marriage / Re: marrying second cousin from adopted family tree
« on: June 01, 2018, 09:38:28 AM »
There are several judgements from Supreme Court that if a person claiming to be adoptive child then he/she has to show legal documents under the adoption law. The adoption must be valid.

In your case if there is no valid adoption then relation of sister/ cousin does not establish and marriage can be proceeded

Marriage / Re: In laws trying to control me and my Streedhan
« on: June 01, 2018, 09:34:34 AM »
If I purposefully stay away from my in-laws- place morally supported by my husband.
1. My Mother-in-law is maligning my character ,telling stories to everyone.
2. My brother-in-law is threatening us that they would make us lose inheritance of my husband's ancestral property.
3. Accusing my husband that he is a sissy .

What should we do ?

Sreedhan is absolutely yours and under no circumstance in laws can claim it. Further if disputes arise further then you have to file a case for domestic violence

Filing case against you by your wife is absolutely personal disputes and these cases will not affect on your promotion

Consumer laws / Re: Regarding refund for new bike
« on: June 01, 2018, 09:22:58 AM »
Once you purchase a motor vehicle whether two wheeler or four wheeler or heavy weight vehicle, manufacture cannot replace the vehicle due to motor vehicle laws. When you purchase a vehicle immediately registration procedure of such vehicle initiated in favour of owner and every vehicle has unique Engine and Chassis number which cannot be replaced or changed.

Now if newly purchased vehicle is suffered from manufacturing defect then entire vehicle cannot be replaced rather the defective unit will be replaced entirely without changing the engine or chassis number. Otherwise vehicle will be lack of identity from its smart book.

In your matter you can formally request to repair or replace or fix the issue completely to authorized service centre failing which you have no other alternative option to file consumer case.

« on: April 09, 2018, 07:16:34 PM »
If any one intend to contact me then please send me email without calling me directly.

Property laws / Re: Division of Inherited Property
« on: December 05, 2017, 11:44:32 AM »
1/8th (1/8+ 1/8+ 1/8 +1/8 = 1/2) of the consideration money will be yours, mother and two sisters
1/2 of the consideration money will be your uncle

Property laws / Re: Un registered signed sale deed
« on: December 05, 2017, 11:40:15 AM »
It is very unfortunate that he has fooled you and you have been fooled by him.... You can file 420 case against him... You can file a case under Benami Act but you will be trapped under law for benami transaction until and unless you have sufficient prove of intention. Otherwise you have to file money suit against him

Property laws / Re: Property Dispute
« on: December 05, 2017, 11:36:40 AM »
You are too immature.... Advocates are not Fortune teller so you have to disclose that what case you have filed. It is also an immature question that what judge will pass order. How can advocate can say what judge will pass order?

Second brother who is having registered WILL in the year 2016 is in advantage until he files a probate case. First brother has advantage only if the probate case has not been filed by second brother who is possession. Therefore first brother can file a case of partition or probate case. Both case has lesser chance to succeed.

Property laws / Re: Broker issue
« on: November 25, 2017, 10:22:35 AM »
Broker is taking advantage of getting 4 fool tenants and exploiting them regularly. One you get into a flat in rent then dont leave the possession until and unless you they are making an agreement or refund you money. Otherwise let them file a suit for eviction against you all which will be costly and till then you all enjoy the property. Kick out the broker's illegal demand.

Property laws / Re: Ancestral property distribution issue
« on: November 25, 2017, 10:14:11 AM »
If WILL has been executed by your father then your siblings must get probate of the WILL until and unless probate is granted the WILL has no validity and if they have not taken probate then you straight away file a suit for partition.  This is the basis advice but apart from that you have to secure your property in the mean time.

You can contact me further for online consultation in details

You have to get probate of the WILL. Untill and unless  you are getting probate WILL has no validity and no patta will be issued/ record in your favour

Property laws / Re: Joint Wall Issue
« on: November 25, 2017, 10:01:41 AM »
You can make construction as per sanctioned plan and if any objection raise then you can file a suit for declaration and injunction against the famous/ popular person restraining him from not to interfere with your construction work within your property and also not to disturb peaceful possession and enjoyment of your property.

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