I bought a 1 BHK flat in 2014 for Rs. 25 lakhs and paid 15 lakhs in advance (10 cheques and Rs. 5 lakh in cash). Verbal commitment was given to give possession in February 2016. In March 2017, registration was done with possession date given as December 2018. Can I file a claim for interest on delayed possession? If the possession is not given even after December 2018, what can I do?Read More

Posted at 04:55 AM, 15 Nov 18 | No Answers Yet

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There have been many instances in which the Indian courts have upheld the rights of a partner even if the partnership was not registered. The courts have dismissed the effect under Section 69 of the Partnership Act, 1932, whereby a suit cannot be filed by or against an unregistered partnership firm. A partner has the right to sue and claim his share from the other partner in case the partnership is not registered under the Act and there is a Partnership Deed in place. However, to understand the exact legality of your share, you must consult a business law lawyer in India.Read More

Posted at 11:34 PM, 13 Nov 18 | 1 Answer

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“Renunciation of the world” is a valid ground for divorce under the Hindu law. You can file a divorce petition against your husband if he has renounced the world and has entered a holy order. However, this renunciation must be absolute and indisputable. A person who renounces the world is considered as civilly dead and therefore, your husband cannot claim maintenance. You can consult a divorce lawyer in India to file a divorce petition against your husband. Renunciation of the world is not a common ground for divorce and it needs to be proven that your husband has completely renounced his matrimonial duties and the world.Read More

Posted at 07:36 PM, 13 Nov 18 | 1 Answer

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Your company cannot force you to resign and cannot terminate your employment on the fake grounds of a resignation. You can consult an employment lawyer in India to take a legal action against the company for wrongfully terminating you. You can send a legal notice to the company and ask for reinstatement if you wish to continue with the company. The lawyer will draft a legal notice, including all the facts of your grievance and attach any available document or proof that you did not resign and the company is forcing you to resign. If the company does not take any action or fails to send a reply to the legal notice, you can then proceed to file a complaint with the Labour Court.Read More

Posted at 01:02 PM, 13 Nov 18 | 1 Answer

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You can claim interest from the builder on the amount you have already paid- you can file a complaint under RERA or file a consumer complaint with the appropriate consumer forum. Under RERA, you file a complaint with the RERA Authority of the State in which your property is located. The first thing to do is to consult a RERA lawyer who can draft and file your RERA complaint, and even represent you at a later stage before the RERA Authority. Your advocate will draft a proper complaint including all the necessary details and facts. The RERA Authority evaluates and accepts the complaint after checking the merit in the case. The advocate will also submit the requisite documents with the complaint. The RERA Authority may or may not order the builder to pay you interest. In case the RERA Authority passes an order in favour of the builder, you proceed to file an appeal with the RERA Appellate Authority. READ: Timeline Of A Complaint Under RERA Against A Builder If the RERA Act is not implemented yet in the State, you can hire a property lawyer in India to file a consumer complaint with the appropriate consumer forum. If the total value of your case is more than Rs. 1 crore, you can also directly approach the National Consumer Dispute Redressal Commission (NCDRC).  ALSO READ: How To File A Consumer Complaint Against A BuilderRead More

Posted at 12:30 PM, 13 Nov 18 | 1 Answer

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Under the Indian Muslim laws of inheritance and succession, the male and female heirs have the same right to inherit an ancestor's property. However, generally, the woman heir is given half the share of the male heir. You can consult with a Muslim law lawyer in India to get the property division done legally.  You can read Inheritance Under Muslim LawsRead More

Posted at 12:35 AM, 13 Nov 18 | 1 Answer

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The wife, who is contesting the divorce petition can raise the fact that the husband was in an extra-marital affair before he filed for divorce. The wife can submit the evidence with the court that proves that the husband was committing adultery. The divorce advocate representing the wife can present the evidence/witnesses and contest the divorce case.Read More

Posted at 10:57 PM, 12 Nov 18 | 1 Answer

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There are 2 ways in which you can proceed- file a divorce in India or file a divorce petition in the UK. If your marriage was performed in India, you can file a mutual consent divorce if your wife also wishes to get a divorce from you. Under divorce with mutual consent, you can amicably separate from your wife. If your wife does not wish to get a divorce, you can file a one-sided divorce i.e. contested divorce petition against her. You can hire a divorce lawyer in India to file the suitable divorce petition according to your case. The divorce petition will be filed in the court which has jurisdiction over the area where your marriage was solemnised in India, or where you and your wife used to reside. In case you wish to get a divorce in the UK, you can file a mutual consent divorce petition with your wife and get it enforced here in India.  However, in any of the above-mentioned cases, you need to first consult a divorce advocate you can suggest the best remedy for your matter.Read More

Posted at 10:24 AM, 12 Nov 18 | 1 Answer

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Section 494 of the Indian Penal Code makes it punishable to marry another person when the man/woman has a living spouse.  Section 494 of the IPC states that:  Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. Yes, the second marriage of your husband can be challenged as such marriage is null and void ab initio i.e. from the beginning. You can consult a family law lawyer in India to get the second marriage nullified by the court.Read More

Posted at 07:14 AM, 12 Nov 18 | 1 Answer

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The tenancy laws in West Bengal are laid down in the West Bengal Premises Tenancy Act. The Act states that a tenant cannot transfer or assign his right in tenancy to anyone without the consent of the landlord.  Thus, in your situation, if your original tenant dies, you have the option to terminate the rental agreement and their tenancy. You need not transfer the tenancy to the legal heirs of your current tenant. However, it is recommended that you consult a property lawyer near you to have an in-depth information about the West Bengal tenancy laws.Read More

Posted at 09:26 PM, 11 Nov 18 | 1 Answer