/r/LegalAdviceIndia

Photograph via snooOG

A place to ask simple legal questions pertaining to India. Advice here is for informational purposes only and should not be considered final or official advice. See a local advocate for the best answer to your questions.

/r/LegalAdviceIndia

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1

Builder added extra H in my name in sub lease deed which is now registered

Hi Everyone,

I have recently purchased a flat in Noida and the builder has made a minor spelling mistake in my name in the sub lease deed. Below is the mistake Actual name: Nitin Shreechand Thakur Name in the doc: Nitin Shreechhand Thakur

The sublease document has been registered and the loan has also been disbursed based on the document.

I have recently noticed this mistake and looks like nobody noticed it till now

I want to know will there be any issue in future that might arise. Any recommendations or help on what should I do to fix this error.

Thanks in advance.

2 Comments
2024/11/08
10:45 UTC

1

Not getting construction permission on part property

So I purchased a land in Indore, the land was one part of a single unit divided and sold to 2 people. The first buyer who bought one part of it years ago, has a registry which shows road adjacent to his land(where my land is), but my registry shows road next to my land and the road is actually built next to mine. Now the first buyer built his home there years ago and against us for claiming the land.

While there is a clearly vacant piece of land that exists, I am not able to get construction permission because the it requires approval of all buyers who share that unit and the guy isn’t cooperating.

The town and country map shows a different story altogether, according to that half of my land should go in road but the road is already constructed and far from my land.

What are my options here? Are town and country planning maps considered the holy grail or can they be updated?

1 Comment
2024/11/08
10:26 UTC

2

PNB metlife life insurance policy cancellation after 1 year

My friend has taken a pnb metlife century plan insurance policy with 1.5 lac premium per year for 7 years with policy term of 51 years. Policy started last year in December and 1 premium is paid.

They now want to cancel the policy but having searched online and after talking to the customer care it seems we can cancel the policy only after paying 2 premiums and we'll get only 30% of our total premium paid back.

Is there any other way out of this situation?

0 Comments
2024/11/08
10:20 UTC

1

NEED HELP here --- Is a Catholic wedding at church considered LEGAL!!! for purposes of divorce

Can my friend(the wife) file for divorce!!!

My friend had a Christian Catholic marriage done at a church in Nagercoil , Tamil Nadu.

The following was done at the Catholic Church -Announcement of 3 banns were done, 2 witnesses, wedding vows taken, photographs of the marriage were taken, a register was signed at church and the Catholic priest issued a certificate of marriage. But the marraige was not registered at the registrar's office.

After a few days there was an argument between the families and the relationship did not continue. Now the marraige certificate was issued at the church by the priest and recorded there, but they have not registered in the Registrar's office yet. Both parties are living separate lives for more than 15 months now and my friend who is the wife is wanting to file for divorce as the husband and his family are not showing any interest.

Is it legally possible for my friend to file for divorce based on Cruelty ??? and Is the marriage considered legal in the family court ??? My friend's lawyer suggests to file for divorce and then apply for 498A to recover losses as the husband's family is not taking any action. Is this the right move- Please suggest what is best for her to do... She is depressed!!!

2 Comments
2024/11/08
10:10 UTC

1

Road contractor broke wall

So, the road infront of our house was being repaired, but due to some malfunction in the road roller, while reversing it hit our boundary wall and almost broke it. The contractor said that he will bear the cost of repair (though I think he will negotiate a little), but it has been 2 weeks, no response from him. What should we do?

4 Comments
2024/11/08
09:57 UTC

1

Divorce lawyer recommendations for Haryana?

Need a good lawyer for a divorce case in Haryana. Someone who can handle manipulative and cunning people from Delhi who will go to any lengths to win.

3 Comments
2024/11/08
09:09 UTC

1

Help me file a consumer forum case

I order a wakefit mattress via in store purchase on 2nd oct. I was supposed to deliver on 17th October but It was out for delivery on 21st October but it is still not delivered yet. I have contacted DTDC courier customer service as well as wakefit customer care multiple times since then but it was all in vain. On 30th October it was marked delivered but in reality it is not delivered. Since last Saturday I am getting a call from courier guy that it will be delivered but he is not picking up my call anymore. I have filed a complaint against DTDC and Wakefit on edakhil but having some difficulty in upload documents section, (eg. Complain with affidavit and proforma of complaint).

Can any knowledgeable person help me regarding this? I have call recordings of all the conversation with customer care.

1 Comment
2024/11/08
08:36 UTC

6

Got scammed by Job placement agency.

(seeking help on behalf of my friend, i am going to explain what was told to me) My friend was desperately searching for a job, ended up coming across an agency named "nokri". initially for registration they asked for 5k, then further for interviews and other formalities started asking for 10k now fast forward, they ended up investing 50k thinking it would get refunded as per their 'policy' but got scammed. We have filed a complaint with the cyber police but they are not showing any interest in return.

Please suggest what to do.

6 Comments
2024/11/08
08:35 UTC

6

Fraud of 50k in small transactions

Friend of mine travelled to a different country a month back but had international transactions switched on in her debit card. Came back but forgot to switch it off.

Day before yesterday got messages of small amount of transactions on her debit card totalling to 50K.

She has reported to cyber cell and the bank fraud department as well but had no luck till now.

Are there any alternatives anyone can recommend here?

Bank name is ICICI.

0 Comments
2024/11/08
07:12 UTC

6

Dealer charged 10k extra for car registration

Hi, I recently bought a Mahindra XUV700 AX7, and after a lot of back-and-forth, the dealer offered only ₹8700 cash discount, claiming the model already had a discount. This was also supposedly because I was purchasing it under my employer’s car ownership scheme. However, after delivery, I received a registration tax receipt showing an amou nt ₹10,000 less than what I had been charged. When I asked about the difference, the salesperson stalled initially, but after I escalated, they agreed to refund. But today when I visited the showroom and spoke with everyone, including the GM(who initially agreed to provide a refund), are claiming that this ₹10,000 was part of the initial discount(against which I've installed some accessories) and said the remaining amount of ₹1300 is accounted for agent fees (even though my employer directly handled the registration and dealer only paid the tax payment that too online).

Looking at the RTO amount, I was skeptical from the beginning since registration tax in Uttarakhand is a fixed 10%. The salesperson assured me the charges were fixed and that I would get a receipt for the entire amount. Now, even though ₹10,000 might look like nothing against ₹25L car, but to me it feels like a theft. As charging for “agent fees” is one thing, but following this type of malpractice to cheat customers is unacceptable. Please suggest on how should I take action against dealer? Where should I file a complaint keeping in mind that car is in the name of my employer? And if anyone has a point of contact within Mahindra, I’d really appreciate it.

Sorry for the long post and Thanks in advance for any advice. Please help.

1 Comment
2024/11/08
06:43 UTC

27

Got scammed through OLX

Scammed on OLX - Need Help Tracking This Seller!

I’m a 22-year-old student from Kerala, and I recently got scammed on OLX. I was looking to buy a Kindle and found an ad from a seller claiming to be in Manali, Himachal Pradesh. He seemed genuine and even sent his Election ID as proof when I asked for verification. Since I’m based in Kerala, I requested him to ship the item via Delhivery, and he sent photos of the packed Kindle, assuring me it was ready to go.

He seemed trustworthy, so I transferred the full amount to a company-registered bank account under his name. After a week, the package arrived with no signs of tampering on the outside, but it felt suspiciously light. I recorded the unboxing, and as I feared, the box only contained a random piece of plastic.

When I confronted him, he tried blaming Delhivery, claiming they must have swapped the package. He even sent me a photo supposedly from the Delhivery pickup point, insisting that it showed the genuine item. But after speaking with Delhivery, I confirmed there was no such photo in their records and no complaints filed about the parcel. The packaging in the photo he sent didn’t even match what he used to ship it (he sent it in cardboard, but the “pickup” photo showed brown paper and different tape).

To make matters worse, I created a new OLX profile to check, and he’s STILL listing the same Kindle with the same tactics.

Here’s what I have on him that might help:

•	His claimed address from his Election ID.
•	The company’s GST number.
•	Name of the registered owner of the company.
•	OLX profile.
•	Amazon invoice with his address.

I did go to the local police station to file a complaint, but it felt like a dead end. They mostly mocked me, saying my money was gone and that there was nothing they could do since I’m in Kerala and he’s in Himachal Pradesh.

If anyone is from around Manali or has tips on tracking him down, I’d really appreciate the help. This guy’s continuing to scam people, and it’d be great to put a stop to it.

Thanks so much for any advice or support!

30 Comments
2024/11/08
06:12 UTC

3

Legal assistance

Hello people, I hope you all are doing well. My girlfriend filed a false case on me in the she teams police station stating that I am harassing her. But these are totally false and baseless allegations. She teams police did not even ask me even a single question and believed her words only and also they beat me. My girlfriend promised me that she’ll marry me but I found out that she is hooking up with other male, when I confronted her she filed a harassing case against me. What are my chances here? Can I file any case on her? She just used me for financial reasons. I’m feeling so lost and heartbroken.

#legal #relationshipadvice #fakelove #help

26 Comments
2024/11/08
05:14 UTC

1

Appointment and Resignation from job. Please Help

So I started a job as a pharmacist at a retail pharmacy chain 2 months back and they had very weird terms. First of all they took 2k rs as a deposit amount before starting a job which will be returned only if one month notice period is served and then they revealed that minimum 3 months Job must be served to get deposit back. They also opened a new Axis salary account to deposit salary. They had a few terms attached in a register and I read those and signed in the inside pages of register in the columns where all the signatures of other employees were taken together in a line. But a few terms were missing in that register which they revealed later.

Then initially they claimed to give appointment letter after 21 days of joining but when I called after 21 days for the letter they said that they will give after 2 months and they still haven't given it and now I don't want it either. Now I want to leave the job but I don't want to serve one month notice as it is pointless since I don't have a signed appointment letter to begin with and therefore there shouldn't be a resignation letter as well. I don't care about the 2k deposit as I am getting a much better offer which I have to immediately join on 11 November. I will get October month salary today as salaries are given on 8th and after that I will simply call them that I will not be coming from hereafter and I am even ready to forfeit my 7 days of November months salary.

Their notice period policy: You will get only half salary of previous month and the salary of notice period month plus the pending half salary of that previous month will be credited after full and final after completion of notice period. And obviously if you don't serve notice period then you forfeit any upcoming salary and that's why I want to talk about resignation after I get my salary today. So I want to ask if all this will have any further implications on my next employment because I don't want any issues. I am forfeiting my current month salary (November) which I clearly remember was within their terms of resignation without notice.

0 Comments
2024/11/08
04:48 UTC

161

Tenant gone missing

Hi Everyone, I have one 1 BHK flat in Delhi. We rented out that flat last year to banker who was working in ICICI. As per our neighbours, he left the flat after having some words with his wife. His wife also left the flat. All the furnitures, utensils, fridge, laptop still in the flat. Nobody knows where are they now? We tried reaching on the phone, WP but no one responded. We tried sending a speed post on the address mentioned on the Aadhar Card he gave when we leased the flat. What should we do now? We are loosing rent every month with no hope of him getting back. Should we sell his stuffs and rent the flat again? We don’t see any option rn

52 Comments
2024/11/08
03:45 UTC

1

A simplistic guide on deciding on the legal structure for running your business, your startup, your contractual or freelancing role

Being a CA I see many people struggle with what legal structure they should be using for their business and often end up using a structure which is not very much useful for them and end up in a loop of compliances or even more taxation sometimes. So this is just a guide for them, yes it does not cover each and every structure in detail but at same time it covers most of them which can be used by people for their business/ contractual roles/ startups.

However note this is an indicative guide to help you out with a basic decision making but anyday, consult a professional with your specifics, because other angles are also involved like your residential status, your income levels, your understanding with your partner (if you are running or planning to run business with someone) etc etc.

In India, businesses can be run under various forms of legal structures or constitutions. The choice of constitution affects liability, tax obligations, management, and legal responsibilities. The primary business structures available in India are:

  1. Sole Proprietorship

   Simply to put it up, it is a business owned and run by a single individual.

   - Liability : Unlimited liability, meaning the owner is personally liable for all debts and obligations of the business.

   - Registration: No formal registration is required (although it is advisable to obtain relevant licenses depending on the nature of the business).

   - Taxation: Income is taxed under the personal income tax rates applicable to the individual.

   - Advantages: Simple to set up, full control over decision-making, and direct profit retention.

   - Disadvantages: Limited capital, unlimited personal liability, and limited business continuity.

 2. Partnership Firm

A business structure where two or more individuals (up to 20) come together to carry out a business with a shared objective of making a profit.

   - Liability: In a general partnership, all partners have unlimited liability. 

   - Registration: While registration is not mandatory, it is highly recommended to register the partnership firm under the Indian Partnership Act, 1932 for better legal standing and dispute resolution.

   - Taxation: Partnership firms are taxed as a separate entity. Income is taxed at a flat rate (usually 30%).

   - Advantages: More capital can be raised compared to a sole proprietorship, combined expertise, and shared responsibilities.

   - Disadvantages: Unlimited liability for general partners, potential for disputes between partners, and joint responsibility for business decisions.

 3. Limited Liability Partnership (LLP)

A hybrid structure that combines the benefits of a partnership and a limited liability company.

   - Liability: Partners' liability is limited to their agreed contribution in the business.

   - Registration: Must be registered under the Limited Liability Partnership Act, 2008.

   - Taxation: LLPs are taxed as separate entities at a rate of 30% on income, with the advantage that partners are not personally liable for the firm’s debts.

   - Advantages: Limited liability, less compliance compared to a private limited company, and flexibility in management.

   - Disadvantages: Not suitable for large businesses, relatively complex to establish compared to a partnership.

 4. Private Limited Company (Pvt. Ltd.)

A privately-held company with a limited number of shareholders (minimum of two and a maximum of 200), which is separate from its owners.

   - Liability: Liability of shareholders is limited to the amount of capital they invest in the company.

   - Registration: Must be registered under the Companies Act, 2013, with the Ministry of Corporate Affairs (MCA).

   - Taxation: Subject to corporate tax rates (generally 25-30%, depending on turnover).

   - Advantages: Limited liability, perpetual existence, ability to raise capital through equity, and credibility.

   - Disadvantages: More formalities and compliance requirements, such as board meetings, annual filings, and audit.

 5. Public Limited Company (Ltd.)

A company that can (may or may not) raise capital from the public by issuing shares. It is allowed to have an unlimited number of shareholders.

   - Liability: Shareholders' liability is limited to the amount they have invested in the company.

   - Registration: Must be registered under the Companies Act, 2013, and when shares are offered to public at large then the shares are listed on a stock exchange 

   - Taxation: Taxed at corporate tax rates, similar to private limited companies, with additional regulatory requirements.

   - Advantages: Easier to raise capital through the public, limited liability, and higher credibility in the market.

   - Disadvantages: Complex legal and regulatory compliance, higher operational costs, and more scrutiny from regulators.

 6. One Person Company (OPC)

A business entity that allows an individual to start and operate a business while having limited liability.

   - Liability: Liability is limited to the extent of the unpaid share capital.

   - Registration: Must be registered under the Companies Act, 2013, and it is an alternative to a sole proprietorship for a single individual desiring limited liability.

   - Taxation: Taxed like a private limited company at corporate tax rates (generally 30%).

   - Advantages: Limited liability, single ownership, and ease of formation and operation.

   - Disadvantages: Limited to certain types of businesses (e.g., no more than one director), and there are restrictions on raising capital.

Now the question of choosing the right business structure:

The right structure depends on factors such as the scale of the business, desired liability protection, tax efficiency, control over operations, capital raising needs, and the number of people involved.

I would even after this guide suggest people to make an informed decision based on the above guide and at the same time, seek legal and financial advice when selecting the most suitable business constitution to ensure that it aligns with their goals and complies with applicable laws, thereby maximizing their efficiency and balancing compliances with the the level of activity and kind of business they are wanting to take up.

1 Comment
2024/11/08
03:44 UTC

17

My dad got a call from the police and I'm not sure whether it's the police or some scamster

On Wednesday my dad got a call from the police apparently the officer asked what I'm doing ,my dad isnt disclosing the reason to me nor to my mom im sure he wouldn't have cut the call without asking the reason . First of all I live in south india and the officer spoke in hindi which is unusual . I can think of few reasons tho why I got the call . From the past 2-3 months I've been depressed so I ended up in a platform that gave out methods to off yourself and hence I went on searching for the chemical ( totally legal and available everywhere ) online from various sources . Second very coincidentally my online friend made a deep fake nudes of his ex gf from his telegram account and instragram account and he did share it to me and I was shocked and I asked him to delete it and I blocked him that night ( on Tuesday) I dont have those deep fake pictures he made cuz he sent me in view once on Instagram , and from his side I dont think so any police called him. I'm kinda nervous cuz my parents aren't believing I haven't done anything wrong and they keep on blaming me and they have confesticaed my phone . The police officer dint call me I'm not even minor I turned 18 few months ago and he knows my name and that I'm my dad's daughter and everything . As much as I know that chemical i was searching for Is a food preservative sold everywhere legally and it's a very common curing salt . My dad isnt telling what the officer told him completely idk whether it's actually the police or a prank call

12 Comments
2024/11/08
03:17 UTC

1

Advice: leakage issues

Hi all, I’m dealing with two major issues in my flat and need some advice on how to move forward. The builder is still under the 5-year warranty, so I believe they’re responsible for fixing these issues, but things have been dragging on for months.

Water Leakage Issue: I’ve been facing a persistent water leakage issue for over four months now. Initially, I reported it to the builder, who attempted repairs by working on the flat above mine. However, after multiple attempts, the leakage has only gotten worse. The top-floor owner is refusing to allow a water pressure test to check if the pipelines are broken, which seems to be a key part of identifying the issue. The builder suggested doing a PU grout treatment, but in the process, they damaged the electrical wiring in my ceiling. Now, the top-floor owner is again refusing to cooperate, leaving the problem unresolved. Since the builder is still under warranty, what are my options here? Can I force the top-floor owner to cooperate, or should I pursue legal action against the builder for not resolving the issue?

Electrical Wiring & Ceiling Damage: During the water leakage repairs, the builder damaged the concealed wiring in my ceiling, causing a power outage in the room. After multiple attempts to join the wires, the builder now says that joining won’t work and suggests a complete rewiring. The problem is, they claim they can’t conceal the new wires and will have to do open wiring, which would involve breaking through the walls to join from board. They’ve also told me they won’t be doing any repainting or restoring the ceiling to its original condition as conceal wiring need to break major wall part as its not 1-2 wires Why should I bear the cost of open wiring and any wall/ceiling repairs caused by this? Shouldn’t the builder be responsible for fixing this and ensuring the wires are concealed as originally planned? I’m also wondering if filing a complaint with RERA (Real Estate Regulatory Authority) could help me. Since the builder is still under the 5-year warranty, would RERA force the builder to conceal the wires, restore the ceiling, and cover the cost of repainting or any other damage? Or any other options

I’d appreciate any advice from others who have faced similar issues or are familiar with my rights in this situation. Thanks in advance!

0 Comments
2024/11/08
02:50 UTC

0

Promised My First Born to Satan

I am writing this as I am quite worried about the legal implications of having promised your first born to Satan.

To give you the full account of what happened, About a month ago, I took out a loan from one those fishy loan apps on the playstore, this loan was made to buy a vape. Then a few days ago the repayment day arrived and I did not have the 2k needed to pay off the loan. So, in a fit of desperation I summoned the devil. He agreed to pay off loan on the sole condition that I prmoise my first born to him. I agreed and my loan was repaid.

Ever since that day, I have been quite concerned that what if I don't ever have any children? Am I failing the contract somehow or I would have to pay a fine of some sort?

Please help, this stress is giving me quite a heavy hairfall.

4 Comments
2024/11/07
23:13 UTC

5

Need help regarding abusive father

Father 61 years old has always been abusive to me, my sister and my mother both physically and mentally and he is severe alcohol addict with no self control.

I neither have any property from him nor any inheritance, he is jobless and divorced from my mother and neither does he own property, for now he lives alone thanks to the property his parent gave to his siblings who give him the rent from that property and the money he got from the property which was given to me from my grandfather under his will but sold when I was underage and i had no way to refuse the signature after I turned 18 since I had no job or place to live and he has given that money to his siblings who give him around 15k every month under FD.

Now he is threatening me under elderly welfare act to force me to live with him and take care of him. I neither have the monetary capacity nor the mental capacity to bear him anymore.He is disrupting the family which barely healed after all he has done to us.I wish to resolve this somehow.

4 Comments
2024/11/07
22:37 UTC

1

Help to recover debt

Hi,

Last year I lend 5000 INR to one of my ex-colleagues. Now that one year has passed he never returned me even single penny.

We were good friends when we used to work together so that is why I trusted him and gave him the money without any hesitation.

He would keep assuring me that next month he will return my money but now he has completely stopped responding to my msgs.

Strangely he has not blocked me on WhatsApp/insta but he never replies.

I know its not a big amount but my blood boils knowing that I gave him money when he asked me just once and he never bothered to return it back, even he had returned half of it I would have let go of half money.

Now is there any way I can recover money legally?? I mean what can I do..at least any way I can threaten him falsely ...

0 Comments
2024/11/07
21:17 UTC

31

My friend ( 30-F) is in a mentally and physically abusive marriage. She wants no Alimony or compensation only Divorce.

My friend 30F have finally come to a decision of Divorce from her physically and mentally abusive husband. She is a daughter of a single mother and has a younger sister. The abusive husband takes advantage of her situation and keep threatening and verbally abusing her.

Her husband keeps on changing the decision of Mutual divorce to contested one and keep playing with her mental peace and health. Her mother spoke to the husband and he agreef to stay away from her and a mutual divorce,but soon went back to his decision and started threatening her again. The threats amount to proving her characterless, even killing her and destroying her family. He never calls her on a normal call and calls on WhatsApp as he knows its encrypted and can't be recorded.

She doesn't want any alimony or compensation. She is even ready to give up her stree dhan and not claim anything. She only wants to stay away from the husband and the family, Get her freedom , forgive everything and everyone and restart her life.

The husband's family is forcing her to be a part of the marriage proceedings of their other son, but she and her family are deeply concerned about her mental well-being and safety and have decided that it's best not to engage with them.

The husband however has again agreed for a mutual divorce proceeding on 5th November and since then not contacted her or disturbed her.

He has asked for time till March/April from her mother, to which she has agreed on a firm promise that he will not disturb her daughter.

However seeing his past behaviour and conduct, It's very likely that he is buying time and will again start calling and threatening her. What can be done in this situation.

She has pictures of physical abuse. Screenshots of demeaning messages but the husband says that he will prove that her injuries are self inflicted and that She is crazy.

What should be done in this situation. Any advice is appreciated.

21 Comments
2024/11/07
20:00 UTC

33

Reliance Nippon scammed me of a job

I (M21) want to file a police complaint against reliance nippon for scamming me of a job. They are asking me to find a client and sell a policy worth of Min. ₹60k for me to get the job now after working in training for 2 weeks unpaid.

So, I applied for this job through 'Apna' platform and I was called in for the interview. I was told to bring ₹1400 for IRDAI IC38 exam along with my CV and other documents. After the interview my training period started along with preparation for the IC38 exam. I have been doing the training for 2 weeks and then recently I was told to bring my parent as I was below 25yo ,So they wanted to speak to my parent. Yesterday I went with my mom and then they started mentioning that I have to sell a policy of min.₹60k or else I will not get the job. Starting from the interview till date no such clause was mentioned to me. Upon further inquiry they told me that as I was below 25yo I have to perform the task.

Now I feel scammed. My ₹1400 is not refundable and was was to be reimbursed with my salary and 2 weeks worth of my time wasted. So, I want to file a police complaint againt such fraud.

Any help is appreciated. Thank you.

2 Comments
2024/11/07
19:24 UTC

5

Bank denied sharing my account related information

I have opened a bank account with one of the private banks in 2016 while pursuing job opportunities. After that, I have never used that account much and have completely forgotten about it. However, last week, while randomly clearing my house, I found the old passbook and felt like closing the account. When I visited the branch to do the same, I came to know that someone has been using my account actively for quite sometime and has also opened a demat account with my details.

Upon diving deeper, in Jul/2017 a service request was submitted in my account to update my mobile number and email ID. But during that period I was not in India (I used to work in Gulf from Dec/2016 to Mar/2019, visited home only once in Oct/2018).

As I discussed this with a family member, he advised me submit a written request asking for a copy of the service request submitted in my name to the bank. To this, bank manager has denied sharing the same and quoted “Records are maintained only for Statutory purposes and cannot be shared”.

Is it true? I as the account holder don’t have the right to validate the document submitted in my account? Is there a legal way to get this information? PLEASE ADVISE.

2 Comments
2024/11/07
19:02 UTC

6

SCAMEED OF HARD EARNED MONEY

This is the guy PRABH PREET SINGH (Gabru - in game name) this guy took money from me and promised me to give CS2 skin that worth money so the amount i sent him was (INR 31500) FOR CS2 SKINS i sent this money to him on 25th July 2024 he was supposed to send me the skin withing a week that is 1st Augest but he didn't he told me that his trader friend is away from town so he could not send the skins for a week so you have to wait till then after a week again i asked him for skins he told me that he is afk he will send me tomorrow and was giving me excuses that i will send you the trade trust me at 8 Augest he received the skins from his friend to his own steam inventory and told me to wait i will send you the skins from my inv to yours after his trader friend send his own skin to gabru's steam account the excuse for this thing was - gabru and his friend were very old friend they knew each other for 10 years so gabru told me that if i send you the skins he will be angry at me that you took advantage of me and sold the skins for profit so he did not sent me the skins so basically he was keeping my skins in his inventory not sending them to me for a absurd lie/excuse at 29th august he called me and told me that you want to sell this skins eventually so instead of you i can i sell these skins to my another trade friend and i told him yes that sell these skins to him and send me crypto so he did that on 29th and told me he will send me the money BUT HE DID NOT SEND ME THE MONEY AFTER FORCING MULTIPLE TIMES TO SEND ME MONEY HE DID NOT after many days on 28th September he send me 20k ruppes from 45k ruppes and told me he will send remaining at 20th October on 20th he told me that he will send after 3
and NOW ON 8TH OCTOBER HE HAS ABUSED ME AND SAID THAT HE WILL NOT RETUNRN ANYTHING AND TOLD ME DO WHATEVER YOU WANT

i have uploaded some screenshots in the google drive linked below
- https://drive.google.com/drive/folders/11VptQUOkMmsLiXe-we96nIrZ21J_oakg?usp=sharing

22 Comments
2024/11/07
18:56 UTC

59

Everything You Need to Know About Filing for Mutual Divorce in India

Many people are unsure about the Mutual consent divorce, its process and what it involves. This is a comprehensive guide.

Mutual divorce, or Mutual Consent Divorce (MCD), is a way for couples to end their marriage peacefully when both partners agree on the terms. Unlike contested divorces, which can be long and stressful, mutual divorce allows for a smoother, quicker resolution.

What is a Mutual Consent Divorce?

A mutual consent divorce happens when both spouses agree to separate. This option is available only if both partners want to end the marriage and can work out issues like property division and child custody without conflicts. The process is generally much faster and less complicated than a contested divorce.

Legal Framework for Mutual Divorce in India

Mutual consent divorce is recognized under different personal laws depending on the couple's religion:

  • Hindu Marriage Act, 1955: For Hindus, Sikhs, Jains, and Buddhists.
  • Indian Christian Marriage Act, 1872 & Divorce Act, 1869: For Christians.
  • Parsi Marriage and Divorce Act, 1936: For Parsis.
  • Muslim Personal Law: For Muslims.
  • Special Marriage Act, 1954: For interfaith or civil marriages.

While each law has its specifics, they generally follow a similar process.

Requirements for Mutual Divorce

To file for a mutual divorce, certain conditions must be met:

  1. One-Year Separation: The couple must have lived separately for at least one year.
  2. Irretrievable Breakdown: Both partners must agree that the marriage cannot be saved.
  3. Joint Agreement: Both parties must sign the divorce petition, confirming their decision.

Where to File

You can file the mutual divorce petition in the Family Court located in:

  • The city where you last lived together.
  • The city where your marriage took place.
  • The city where the wife currently resides.

This helps simplify the process.

Documents Needed for Filing

You’ll need the following documents to file for mutual divorce:

  1. Marriage Proof: This can be a marriage certificate, wedding photos, or other valid proof.
  2. Identification Proof: Aadhaar cards, PAN cards, or any government-issued ID for both spouses.
  3. Marriage Invitation Card: To prove the marital relationship.
  4. Memorandum of Understanding (MoU): This outlines the agreed terms, including asset division and child custody.
  5. Income Proof: Salary slips or other proof of income, if alimony is involved.

These documents are necessary for the court to verify that all requirements are met.

Step-by-Step Process for Filing Mutual Divorce

Here’s a breakdown of the process:

**Step 1: Drafting the Memorandum of Understanding (MoU)**The MoU is a key document that details:

  • Property Division: How any shared property will be divided.
  • Child Custody: Arrangements for custody and visitation.
  • Alimony: Any agreements on financial support.

Make sure both partners agree on the terms before signing.

Step 2: Filing the Joint Divorce PetitionOnce the MoU is ready, file a joint divorce petition in the Family Court. Both spouses need to sign it, which formally starts the divorce process.

Step 3: First Motion HearingAfter filing, the court will schedule a first motion hearing, usually a few weeks later. During this hearing:

  • The judge will confirm that both spouses agree to the terms in the MoU.
  • Each spouse will declare their intention to proceed with the divorce.

If everything looks good, the first motion will be granted.

Step 4: Six-Month Cooling-Off PeriodFollowing the first motion, there is typically a six-month cooling-off period. This time is meant for both spouses to reflect on their decision. However, in some cases, this period can be waived if there are urgent reasons.

Step 5: Second Motion HearingOnce the cooling-off period is over, both parties attend a second motion hearing. During this session, the court will:

  • Review that both spouses are still in agreement.
  • Grant the final decree of divorce if everything is in order.

This decree officially ends the marriage, allowing both partners to move on.

Costs Involved

The overall cost for a mutual divorce usually ranges from INR 15,000 to INR 30,000. This includes:

  • Legal Fees: For document drafting and representation.
  • Court Fees: For filing and hearing costs.

Mutual divorce is generally cheaper than contested divorces due to fewer court appearances and minimal litigation.

Timeline

The entire mutual divorce process can take about 6 to 18 months, depending on:

  • The mandatory cooling-off period.
  • The scheduling of court hearings.

In some cases, the court may allow for a faster process.

Key Points to Remember

  • The cooling-off period gives couples a chance to rethink their decision.
  • Either spouse can withdraw their consent during this time, which would stop the process.
  • Alimony isn’t automatically required; it’s based on mutual agreement.

Final Thoughts: How Legal Help Can Assist

While the mutual divorce process is straightforward, handling the legal requirements can be tricky. This is where Zolvit comes in. Our team can guide you through every step, ensuring all documents are in order and that your MoU is fair.

If you're considering a mutual divorce, Zolvit is here to help make the process as smooth as possible so you can focus on your next chapter with peace of mind.

3 Comments
2024/11/07
18:50 UTC

4

I have lost my pan card

I am 31 yo and very meticulous in keeping documents. However, with extreme guilt, I have to admit that I have lost my pan card.

It's not at home anywhere. Maybe I have dropped it somewhere. Last time I remember taking it out was at airport in August. After that, whenever I needed it - I had its photo on phone which worked.

Now I am trying to get a new pan card (reprint) and it's whole lot of mess. My card was of 2012 and managed by UTI. It's website is pathetic compared to Protean. They are asking me to apply for a correction and then request for a physical copy. I fully filled 4 page form - opted for eKyc through aadhar and made payment of 108 rupees. After payment they said digital copy cannot be released as your address is more than 125 chars long. Money will be refunded!

I tried multiple times - same problem. And it's fetching address from aadhar - which is the correct way.

Loosing all hope - I am having two questions:

  1. I have downloaded e-pan through a very painful process and making a payment of 8 rupees. It has pan card at its bottom. Can I create a normal pvc card - aadhar type - from it and use as original pan card?
  2. Do I need to file a complaint/FIR in police?
9 Comments
2024/11/07
18:40 UTC

12

Someone In my school filed a police complaint in It Cell about a meme page created on our school

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18:33 UTC

6

Filed a PIL Against My Company for Privacy Violations – Seeking Guidance as an Individual Party in Person

I have filed a PIL in the High Court as a party in person against a company that is violating employees' privacy. I did this without any help from an advocate, relying solely on online research to collect and prepare the necessary documents. A few days after filing, the PIL was approved by the CIS, and after 15 days, the case was registered, with a case number generated. I have solid evidence to support the allegations.

Since I am not an advocate or a legal professional, any guidance or suggestions—especially from those with legal experience—would be greatly appreciated. I am aware that the company may have strong legal resources and could afford a powerful advocate to challenge my case. Any advice on key points to remember or things to keep in mind would be very helpful.

(Currently not in a situation to afford a Lawyer for my case)

2 Comments
2024/11/07
18:30 UTC

1

Partition of ancestral property

We have an ancestral property of 2800 square feet with two floors. The first floor consists of a hall, and the second floor contains rooms. There are three co-owners, two of whom wish to divide the property vertically into three equal parts by mutual agreement. However, a vertical partition is not feasible as it would result in one party not having any rooms.

If we take this matter to court, how would the property likely be partitioned?

0 Comments
2024/11/07
17:22 UTC

96

Looking to build a case against my abusive girlfriend

We've been dating for 11 months now. She was cheating on me right from the start and i broke up with her multiple times but she was begging me to come back every single time. As i had a soft spot for her i always came back. We moved in recently and she promised change but things got worse. She hurt me physically and made me bleed like half a dozen time now, damaged my things and I asked her to move out but she won't. She has raped me multiple times as well. I don't know what to do. I want her to improve because I'm too attached but I want to be ready for the worst someday. She even threw my laptop at my 2 weeks old kittens one time. My pets are all I have. She doesn't respect me, is manipulative and gaslights me a lot, doesn't follow my boundaries but won't leave me either even when I beg her to. I told her mom. But she doesn't care. She even lied to her mom about me being the bad guy and she threatened me with a lawsuit. She has slowly ruined my mental health. There are scars all over my face and chest and my body hurts. I don't know where to ask for help. I wish I could die but I have cats to take care of. I know she's just here to use me financially and find a replacement when it suits her and it makes me hate my life. I always use to hate myself. Now I hate myself even more for not being able to take control of my life and be a stable adult.

56 Comments
2024/11/07
17:18 UTC

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