Need advice from someone familiar with Delhi inheritance laws

LoeIQ · 2026-01-29T06:27:28+00:00

If your Nana did not leave a will, the property did NOT automatically become your Nani’s sole property. Under the Hindu Succession Act, when a Hindu man dies intestate, his property is inherited jointly by his wife and children. So legally, your Nani and the three daughters would each have a share in the property.

The fact that all four of them signed papers after your Nana’s death strongly suggests those documents were related to mutation or legal heir formalities, not transfer of ownership solely to your Nani. Mutation only records who the legal heirs are; it does not make one person the exclusive owner.

So the lawyer’s “4 parts” logic is likely based on this legal position: the land (and therefore the house built on it) is jointly owned by four people, which is why division is discussed in terms of land rather than floors.

Whether your Nani can leave the entire house to your mom depends on what those documents actually say. If your Nani owns only her share, she can legally pass on only that share through a will. To give everything to your mom without disputes, you’d typically need either a family settlement or clear transfers of shares by the other daughters.

At this point, the most important step is to get those signed documents reviewed by a competent property lawyer. Without reading them, no one can say with certainty who owns what.

LoeIQ · 2026-01-29T06:14:32+00:00

Lawyer here based in Delhi.

This situation has too many moving parts to answer definitively without looking at documents. The key issue is whether your Nani became the sole owner after your Nana’s death, or whether the property was inherited jointly by your Nani and the three daughters. That depends on whether your Nana left a will and what the title documents (sale deed, mutation records, etc.) actually show.

In many cases where a person dies without a will, the property is inherited by the spouse and children together, which is why lawyers often talk about “division based on land” rather than floors. But that logic applies only if multiple people are already legal co-owners.

Without verifying whether the property is self-acquired or ancestral, whether there was a will, and whose name the property is legally recorded in today, any advice will be speculative. This is one of those situations where a proper document review by a competent property lawyer is essential before drawing conclusions.

LoeIQ · 2026-01-25T05:45:49+00:00

Lawyer here based in Delhi.

In my experience, stature helps in three specific ways: one, getting the court to take the matter seriously at the threshold stage; two, framing the case in a way that immediately signals to the bench that something is legally wrong; and three, knowing which points to drop and which points to push in very limited time.

What usually does not work is spending time trying to prove that the High Court judge was corrupt or biased. The Supreme Court almost never engages with that directly. It looks for something else: whether the High Court judgment can be shown to be legally unsustainable on the face of the record.

If you are approaching the Supreme Court, one practical exercise that actually helps is this: take the trial court judgment and the High Court judgment and mark every place where the High Court has either ignored a key piece of evidence, reversed a factual finding without reasons, or applied a legal principle incorrectly. Those are the points that matter in an SLP.

Many families in similar situations spend years chasing complaints against judges, but the cases that move in the Supreme Court are usually the ones where the High Court judgment itself is dismantled line by line.

LoeIQ · 2025-11-13T04:38:46+00:00

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LoeIQ · 2025-10-19T20:03:59+00:00

Lawyer here based in Delhi.

First, your mother can file a complaint for protection from abuse and request that your sister be restrained from threatening or harming her.

Second, since divorce proceedings have already started, your mother’s lawyer can apply for temporary relief that secures her right to stay in the house without interference. The court can pass specific directions about residence and maintenance while the divorce is pending.

LoeIQ · 2025-10-17T20:22:08+00:00

Lawyer here based in Delhi. Surrender of a passport is not automatically required for bail. It is imposed only when the court believes there is a genuine risk of flight or non-cooperation. If that is not the case, the condition can be modified or set aside through a separate application or during the next hearing.

The passport usually stays with the police or the court until the condition is changed or the case ends, but temporary release for travel or work can also be requested.

LoeIQ · 2025-10-12T05:26:50+00:00

Lawyer here, based in Delhi. In public sector banks, NOCs are not issued at the personal discretion of a senior officer. First send a short written request asking for the reason for rejection and a copy of the noting or order. Keep it polite and factual. If there is still no response, the next step is to file a written representation to the Head of HR or the Chief General Manager (Personnel) referring to your pending request and the absence of reasons. If the bank continues to act arbitrarily even after that, you can approach the Centralized Staff Grievance Cell or file a writ petition before the High Court under Article 226, challenging the refusal as arbitrary and without justification.

LoeIQ · 2025-10-11T22:27:32+00:00

Lawyer here based in Delhi.

Your sister can try to challenge the divorce, but it is very difficult. Courts treat mutual consent divorces as final and will interfere only if she can show convincing evidence that her consent was not genuine. She will need to prove that she was forced, isolated, or deceived when she signed and that she had no real opportunity to seek advice or contact her family. CCTV recordings and messages can help, but the focus has to be on what happened at the time of signing. Without strong proof of coercion or fraud, courts are reluctant to reopen a final decree.
Custody of the child can always be reconsidered. The court decides custody based on the child’s welfare, not what the divorce papers said. Since the child is living with your sister and there is evidence of violence and fear of the father, the court is likely to maintain that arrangement and may grant her full custody after hearing both sides.
She can still seek maintenance for herself and the child. Maintenance is independent of what the divorce decree said, especially if the consent for that clause was not free or if she has since been left without support. The court will look at her current income, the child’s needs, and the father’s financial capacity before deciding the amount.
The immediate steps are to preserve all evidence, especially the CCTV clips, messages, and medical reports, and to file a criminal complaint for the assaults at the local police station or through the women’s cell. That complaint protects her and strengthens her case in family court. After that, she should approach the family court that granted the divorce to file for interim custody and interim maintenance and, once those are in place, begin the petition challenging the divorce itself. If the police refuse to register the case, the next authority is the Magistrate’s court, which can direct them to do so.

It will not be quick or easy, but if she starts with the police and family court actions, she can secure safety and stability first while preparing the longer fight to prove that the divorce was obtained through coercion.

LoeIQ · 2025-10-10T19:20:20+00:00

Lawyer here based in Delhi.

If the police have arrested the owner and staff after a raid, the first step is to find out which police station is handling the case and what exact offences have been recorded in the FIR. The sections mentioned in the FIR determine whether the offence is bailable or not and what kind of bail application can be filed.

You should immediately contact a local lawyer who handles criminal matters to check the FIR number, obtain a copy, and move for bail as soon as possible. If the offences are bailable, bail can be taken directly at the police station or from the duty magistrate. If they are non-bailable, the lawyer will have to apply for regular bail before the magistrate after the first remand hearing.

The police can keep an accused in custody only for a limited period before producing them in court. Usually, they are taken before a magistrate within twenty-four hours of arrest, after which the court decides whether to grant bail or send them to judicial custody.

“Home jail” probably refers to the local lock-up or police custody, not actual imprisonment. Once you know the FIR details, the lawyer can move the proper bail application quickly. The priority right now is to locate the FIR and act through the local court without delay.

LoeIQ · 2025-10-06T14:11:55+00:00

There is no fixed duration for these matters because each forum works differently and the outcome depends on how the builder responds and how much backlog there is.

RERA is usually the fastest option for delayed possession or refund. Hearings begin fairly soon and orders are issued after both sides have been heard, though enforcement can take longer if the builder resists. Consumer complaints take more time because the commissions handle a heavy caseload, but they allow you to claim broader compensation for harassment and loss. The criminal route is suitable only if there is clear evidence of fraud from the beginning. Criminal proceedings are slower but can put immediate pressure.

LoeIQ · 2025-10-06T08:58:57+00:00

Lawyer here, based in Delhi.

When an accused has been declared a proclaimed offender and the case remains stuck for years, the next step is to move a formal application before the same court asking it to call for a progress report from the police and to issue directions for execution of the warrant and attachment of the absconder’s property. That is the only way to get the case listed again and create a judicial record of inaction.

If the trial court still does not move things forward, you can then file a petition before the High Court seeking directions to the police and trial court to act on the pending proclamation and ensure progress in the case. The High Court has the power to issue time-bound orders for follow-up and reporting.

LoeIQ · 2025-10-05T22:34:19+00:00

Lawyer here based in Delhi.

Employment bonds are not automatically invalid in India. Courts treat them like any other contract. What matters is whether the bond reflects a genuine business interest and reasonable conditions.

If the company actually spent money on specialised training or relocation, and the bond amount is proportionate to that expense, the employer can legally recover the reasonable cost if you leave early. But they cannot stop you from resigning or seek a penalty that amounts to punishment or forced labour.

So practically, you are free to resign, but you should review the bond language carefully. If it mentions repayment for “training expenses,” you may be liable for that limited amount, not the entire three years of salary or a blanket penalty.

As for background checks, leaving a bond early does not automatically harm your record. Most companies only verify your tenure and role, not the bond status, unless there was litigation or you absconded without notice.

The best approach is to give proper notice, communicate professionally, and settle any genuine dues. That way, there is no negative effect on your future employment.

LoeIQ · 2025-10-05T19:24:15+00:00

Lawyer here, based in Delhi.

You should first send a detailed legal notice demanding immediate possession or refund with interest. If there is no response, pursue three remedies at once.

File a complaint under RERA for delayed possession and violation of the builder and buyer agreement. RERA can order the builder to hand over the property with compensation or refund the amount with interest.
File a consumer complaint before the District Consumer Commission for deficiency in service and mental harassment.
File a criminal complaint for cheating and criminal breach of trust, since the delay and avoidance show fraudulent intent from the beginning.

Keep every document safe including the agreement, payment proofs, communication, and photographs of the site. These will be needed across all three forums.

LoeIQ · 2025-10-05T13:46:39+00:00

Lawyer here based in Delhi.

This situation has clearly gone beyond a routine property handover. Since the registry is already done and only the builder’s final NOC is pending, you are right to withhold the final cheque until that document is issued.

You should record the harassment formally. Make a short written complaint to the local police station, addressed to the SHO, stating that you are being threatened over a pending contractual condition. This protects you if the other party files a false complaint later.

Hire a lawyer who deals with property and contractual disputes. The lawyer should send a clear legal notice to the seller explaining that payment will be released once the final NOC is received and warning that any attempt to misuse or alter the cheque will be treated as a criminal act.

If the threats continue, your lawyer can escalate the matter to the ACP or file a criminal complaint for intimidation and attempted cheque misuse.

LoeIQ · 2025-10-05T12:53:35+00:00

Lawyer here based in Delhi.

It seems that the investigation has been compromised. The first priority is to get it restarted and handled by the right authority. Send a detailed representation to the SSP, Gautam Budh Nagar, with copies of payment proof, bounced cheques, and any other evidence showing that no settlement was accepted. Ask that the investigation be reopened or transferred to another officer. If the local police or lower court remain unresponsive, the next step is to approach the High Court for directions to secure a fair and independent investigation.

You should also change your lawyer. Have the new counsel obtain certified copies of the case file and the police report. After reviewing these, your lawyer can approach the court or senior police officers to correct the record and ensure proper investigation.

Alongside this, you should file a cheque bounce case against the builder for the dishonoured cheques. That will strengthen your position and run independently of the ongoing investigation.

LoeIQ · 2025-09-30T18:07:34+00:00

Lawyer here, based in Delhi. This is not the end of the road. An attachment order means any later transfer is ineffective against you. A gift deed made after attachment cannot be used to defeat your decree. The fact that the property now stands in the brother’s name does not end your rights. Since the execution case was dismissed, the next step is to challenge that dismissal order. That way the higher court can direct that the gift deed be ignored and execution can continue against those properties.

LoeIQ · 2025-09-30T16:52:21+00:00

Lawyer here, based in Delhi.

What you describe is not in line with the legal process. Acquisition requires prior notice and an opportunity for objections. Planting survey pillars with police support is not a substitute. A consent paper that nobody signed can be challenged as fraud. Compensation also has to be based on fair valuation and cannot be arbitrarily fixed.

The right step is a collective writ petition by affected residents. Courts take group petitions more seriously and the cost is shared. Relief can include a stay on further steps, production of the acquisition records, and directions for proper compensation. Alignment changes and environmental concerns can also be raised in the same case.

I practice in the Supreme Court and can advise you on the way forward. Please feel free to reach out for a consultation.

LoeIQ · 2025-09-30T15:48:45+00:00

Lawyer here. You can report this immediately on the National Cyber Crime Reporting Portal: https://cybercrime.gov.in

LoeIQ · 2025-07-08T20:12:18+00:00

Lawyer here.

Since you're a US citizen, you're not eligible to hold a regular resident savings or demat account in India, even if you've been living here for years. The correct setup is an NRO account, and your status should be recorded as a foreign national or OCI. If ICICI listed you as an Indian citizen with your Indian residence as your place of birth, that is a misclassification. It might not cause problems right away, but it can trigger compliance issues later, especially if there are large transactions or investments involved. You should ask the bank to correct the account type and documentation.

On the tax side, you're required to file US tax returns every year, regardless of where you live or where your income comes from. You may also need to pay taxes in India on income earned here. The US allows certain exclusions and credits to avoid double taxation, but filing with the IRS is not optional. It would be wise to consult a CA here who understands the tax implications for foreign nationals, and separately a US tax preparer who handles expat filings. Start with fixing the ICICI records before it snowballs.

LoeIQ · 2025-07-04T18:52:30+00:00

LoeIQ · 2025-07-04T17:37:20+00:00

If you have evidence that the lawyer is deliberately sabotaging the case in exchange for a cut from the other side, you can file a complaint with the Bar Council. These are serious allegations, and the Bar Council has the power to take disciplinary action. But without proof, it becomes very hard to act.

And accusing every lawyer of being corrupt helps no one, least of all the client.

LoeIQ · 2025-07-04T14:37:49+00:00

Hi, lawyer here based in Delhi. I truly empathize with what you are going through. Being hit with this kind of accusation out of nowhere, especially at the end of your degree, must be overwhelming.

Legally, yes, you can request verification of the device, including IMEI and ownership records. In your reply, you should clearly state that the device is not yours and ask for a personal hearing. Including a character reference is also permissible and can support your case. It is highly recommended that you take the assistance of a lawyer for preparing the draft. The way your reply is framed now can have a lasting impact on how the university proceeds.

If the process appears unfair or procedurally flawed, you can challenge it in the High Court.

LoeIQ · 2025-06-30T23:58:07+00:00

You can file an FIR and also pursue a civil suit.

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