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Anonymous

Posted 10 months ago

What are the legal consequences if I run away from home. I am being forced into marriage yet I don't want to troble my family. I have a boyfriend and I fear he might be penalised legally. What should I do to avoid all and still run away?
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A. Dear Mam, Since the matter is not clear in terms of majority, please relate and act accordingly: 1. If you are below 18 years of age, then you complain of this marriage to the nearest police station as "Child marriage". Since, you are below majority age, the decision of your parents are final and binding on you but "Child marriage" is prohibited in Law. In this context, if you run away from your home and your boyfriend is a major, then he will be penalised for abduction, and your views on it like "You went with him in sane mind, will not have any grounds." 2. If you are of legal age, i.e above 18 years of age, you are a major and no one in this world can force you to do anything except Law. If you are being forced to marriage, then you can stand firm against it and in this case if your boyfriend is also of legal age i.e 21 years then you both have the rights to tie the knot, even if no one agrees and none can stop you except Law. In this situation, since both of you are of Legal age and are elgible under Law to get married, even in you elope from your home, your parents cannot penalise your boyfriend or you. In this case, your statement that, "I went with my boyfriend in my sane mind" will have persistence. 3. If you are a major and your boyfriend is a minor, then also he cannot be penalised. 4. If you are a minor and your boyfriend is also a minor, he cannot be penalised. Hope the above helps.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Hi, If our lockin period is of 6 months and the contract started from 1st feb, we decide to vacate the flat on rent on 1st july, so should we get back our security deposit fully, if not how much should be deducted, can this be explained?
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A. Dear Sir/Mam, The answer to your query can be given best in terms of the rent agreement. Please share the same for a precise advice.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
A property of mine was brought on 2013; All records were checked with respect to landlord; In sub registrar office, land + home [ property ] was registered to the owner; and EC clearly said the same; that he had an loan from one of the bank. So as was EC was clear from past 12 years, we went an purchased the property; by paying the money; owner went and cleared the dues from the Loan which EC had and he registered me the property; and all khata and everything was transferred to me. During registration he handed over all the originals to me; i took the loan from SBI bank and registered the property. Now after 1 year; few banks started approaching us saying that they have originals and he had mortgaged this property before 2013, one in 2006 / 8 and other one in 2010. one of the bank even showed their document; and came to know that it was a color xerox. Now there is one bank; who has put the execution case ; again they say they have mortgaged during 2010; But the real ;part is; during that time there was one more bank which had registered in EC [ Which i brought it ] ; they have not checked it. We came to know the case and we put our objection to it. Even though we have originals; How do we get away from this. Judge is extending this and opposition is saying he shall object it. Need an help here and ideas. This is a tricky situation; even though we have originals and all are registered in our name. This mortgaged banks has all fake documents [ color xerox ] , but what to do here. Thanks
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A. Dear Sir/Mam, You do not require to do anything. The property was transferred to you in legal terms after compliance. The owner of the property cheated the bank, and you are no where involved in it. You are the third party purchaser and in the sale agreement entered between you and the owner, he must have mentioed that the property is free from any encumbraces etc. The ex-owner is at fault and this is his tussle with the bank. The property is clear in title as per your post. The only thing that you need to take care is, to respond actively to any legal notice or sumon received by you which is a must for you to receive. A proper and tiely reply to the same will end all your issues, but a lag in your attitude towards that might land you in trouble. Under no circumstances, you should give away your original papers of the property to any one.. Hope the above helps.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 10 months ago

Dear Sir, My ancestors property has been illegally occupied since long and constructed buildings already. There are few open plots in the same land which I don't want to loose them. As few people have started cleaning those lands as well . The land is registered in my Grand Mom's name about 80years back . Few buildings are already constructed about 15yrs+ back and few buidlings have been constructed in the last 5-10years. In the process of procuring few more info and documents ,I have been to a surveyor and he took the google picture of the said Survey Numbers . He say's that our property that I'm claiming for, is not coming under the said Survey Numbers mentioned in the Sale deed . ( I'm claiming for 5641yrds of Survey Numbers 300,301,302.Plot no 12,13,14) But as per surveyors map the property I'm claiming to be of us is in some different survey numbers and nothing much can be done now . But my question to you Sir is, for the said property I have the Original sale deed registered in the year 1940 and my mom and their parents were living in the same property since that time paying taxes etc, So either there should be a human error while preparing the Sale deed at that time or errors in Survey Numbers . Can I go ahead and file a case based on the Original Land document .? Also suggest me how do i rectify the Survey Numbers thing ?
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A. Dear Sir/Mam, The basic issue is with the survey numbes and the most important question is of the time. The sale deed was made in the year 1940, and today we are in 2018, so basically it is 78 years (approx). Your ancestors were living in that property and after them was the place vacant? For all these years you did not recognise that it was your property and there were illegal occupants in that property. 15 years down the line some constructions were carried out ans some 5 to 10 years back in that property and no objection was taken, and you came to know of the fault in survey numbers at such a later stage. Request you to please discuss your case, in every minute detail along with all the documents in relation to your case for any advice. You may use the "Consult" button for the same.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 10 months ago

Dear sir/madam, I am a Scheduled Caste, my father's brother's daughter, who wants to create a sc certificate now, she wants a copy of the sc certificate from us, I was not willing to give it, she threatened to send me a notice from the court, What I do next? Really a problem? Plz help me
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A. Dear Sir/Mam, You do not need to worry at all as because she is just threatning to get the copy of the certificate so that it can be of a help to her. She can request you only but under no circumstances force or oblige you. It is up to you whether you want to share or not.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 10 months ago

I am a 22year old unmarried girl , I was in a relationship with a guy from past 3years and ds was my 2nd relationship. Previous I was loving a guy and due to alcohol effects I lost my virginity and we broke up with consent from both the end. Before getting into 2nd relationship I informed him everything and asked him to rethink his decision to love me. He said he too had a love before and he too non virgin guy he too had breakup and he know that pain. So I agreed hoping that he will not cheat. We were living like a husband and wife and 6months we lived in a living together relationship too. Later I asked him to marry me and he started giving reasons and now his parents blamed me for everything and they tuk him away from me. I'm damn addicted to him , I love him so much. He played in my life so I want him to marry me plz guide me how can I go legally to make him to marry me.
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A. Dear Mam, Very frankly and legally speaking assuming that the guy is also an adult like you, both being adults, you cannot force anyone to marry you unless the same desire is from the other side. Likewise you cannot be forced by someone to marry without your wish as because marriage of Hindus are governed by Hindu Marriage Act and as per the clauses of divorce, if a marriage has been solemnized without the free consent of either of the party to the marriage then the marriage can be decreed for divorce. Owing to the assumption that the guy is an adult, your wordings that "His parents took him away" cannot be accepted. He went with his parents because he himslef wanted to go. An adult cannot be expected to be forced to do anything and if such an act stands true then he/she has the right to retaliate. Concludingly, you cannot force him to marry legally but the same can be done if he too desires for the same.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 10 months ago

I am a Scheduled Caste, my father's brother's daughter, who wants to create a sc certificate now, she wants a copy of the sc certificate from us, I was not willing to give it, she threatened to send me a notice from the court, What do I do next? Really a problem?
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A. Dear Sir/Mam, You do not need to worry at all as because she is just threatning to get the copy of the certificate so that it can be of a help to her. She can request you only but under no circumstances force or oblige you. It is up to you whether you want to share or not.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Rakesh Gupta

Posted 10 months ago

Will high court will send the case to district court again if district court make a dession without disposing off the application for evidence
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A. Dear Sir, The advice would depend on the case. A precise advice can be given upon sharing the facts in details.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Rakesh Gupta

Posted 10 months ago

Do high court always in favor of landlord
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A. Dear Sir, Before LAW everyone is equal. When a legal recourse is being adopted by someone then the foremost reason behind the same will be getting "Justice". Justice is given to the person who has been denied the same. The courts (all the courts and not especially high courts including the Supreme Court), have their set up to provide justice. An inclination will defy the entire purpose and thus there cannot be any defined or pre set inclination towards a single side.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Rakesh Gupta

Posted 10 months ago

In high court what average time is taken to decide a case
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A. Dear Sir, A specific time period cannot be given. The same depends on various factors like the case matter, pendency of matters before the bench, involvement of LAW points etc.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

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