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Welcome to our blog, where we share news and knowledge about both our company Adv. C.V. Tiwari: Top-Rated & Best Legal Advocate | Family, Divorce & Property Law | Mira Road, Mira-Bhayander, Thane, Mumbai and the entire industry. Here you can find a wide range of valuable information that will surely prove useful to you.
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Gold loans offer quick funds using gold as collateral. If you default, the lender (Bank) can auction the gold.
Crucially, they must give notice befo…
Posted on: April 17, 2025
Gold loans offer quick funds using gold as collateral.
If you default, the lender (Bank) can auction the gold.
Crucially, they must give notice beforehand. If your gold is auctioned without notice, immediately contact the bank’s grievance redressal department. Escalate to the Banking Ombudsman if unresolved. Legal action is an option for recovering losses due to the unfair auction. Keep all loan documents and connect with the lawyer for recovery or compensation for unfair practice.
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Property Registration Vs Mutation: All You Need To Know Here's a breakdown:
Property Registration: Legal Ownership: -It's process done by law to cla…
Posted on: February 25, 2025
- Property Registration Vs Mutation: All You Need To Know Here’s a breakdown:
Property Registration: Legal Ownership
- –It’s process done by law to clarify and ascertain legal ownership of a piece of real estate. It is regulated by the Registration Act.
- –It is done by registering the property transaction details in the official government registry, usually in the sub-registrar office.
It hereby codifies legal validity, transparency, and fraud prevention.
Key Purpose:
- –To ensure legal recognition of the transfer of property.
- –To establish a verified record of ownership.
When it Happens:
-This usually happens just before or just after a property transaction, e.g. a sale.
Property Mutation: Administrative Record:
-This is an essentially administrative task. This means updating the local land or ownership records with the information about the new owner.
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भारत में, विवाह विच्छेद या वैवाहिक अलगाव के बाद एक कामकाजी पत्नी भी अपने पति से गुजारा भत्ते का दावा कर सकती है। यह दावा तभी मान्य होता है जब पत्नी यह साबित कर दे कि विवाह विच्छेद के बाद वह अपने पिछले जीवन स्त…
Posted on: December 2, 2024
भारत में, विवाह विच्छेद या वैवाहिक अलगाव के बाद एक कामकाजी पत्नी भी अपने पति से गुजारा भत्ते का दावा कर सकती है।
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A working wife can claim maintenance if she can't maintain her usual standard of living after a divorce or separation. The amount depends on both spo…
Posted on: December 2, 2024
A working wife can claim maintenance if she can’t maintain her usual standard of living after a divorce or separation. The amount depends on both spouses’ income, lifestyle, and any special needs. The wife must prove her need and the husband’s ability to pay. This right is based on the principle that both spouses contribute to the family’s well-being, and the wife should not be disadvantaged financially after the marriage ends.
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Legal drafting is the art and science of crafting written documents that have legal force and effect. This includes everything from contracts and wil…
Posted on: September 12, 2024
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Legal drafting is the art and science of crafting written documents that have legal force and effect.
This includes everything from contracts and wills to legislation and court filings. It requires a deep understanding of the law, as well as the ability to write clearly, concisely, and accurately. The goal of legal drafting is to ensure that documents are legally sound, unambiguous, and enforceable. This involves carefully considering the intended meaning and purpose of the document, and using language that is precise and free from errors. Legal drafters must also be aware of the potential consequences of their work, as poorly drafted documents can lead to legal disputes and costly litigation. In addition to technical skills, legal drafters need to be able to communicate effectively with clients, colleagues, and other stakeholders. They must be able to explain complex legal concepts in a clear and understandable way, and they must be able to advocate for their clients’ interests. Legal drafting is a critical skill for anyone who works in the legal field. It is essential for lawyers, judges, paralegals, and other legal professionals. It is also becoming increasingly important for businesses and individuals who need to create legally binding documents. By understanding the principles of legal drafting, you can ensure that your documents are effective and protect your interests.
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Divorce for Non-Resident Indians (NRIs)
Divorcing as a Non-Resident Indian (NRI) can be complex due to multiple legal factors. The jurisdiction wher…
Posted on: August 6, 2024
Divorce for Non-Resident Indians (NRIs)
Divorcing as a Non-Resident Indian (NRI) can be complex due to multiple legal factors. The jurisdiction where the divorce is filed, the laws governing the marriage, and the specific procedures involved can vary significantly.
- *Where to File for Divorce:*
- *India:* If either spouse is an Indian citizen or the marriage took place in India, divorce proceedings can be initiated in an Indian court.
- *Foreign Country:* The divorce can also be filed in a foreign court based on the spouses’ residency and the laws of that country.
- *Laws Governing the Divorce:*
The specific laws applicable to the divorce depend on the religion of the couple:
- *Hindu, Buddhist, Jain, or Sikh:* Hindu Marriage Act, 1955
- *Inter-religious or not governed by personal laws:* Special Marriage Act, 1954
- *Christian or other specified communities:* Divorce Act, 1869
- *Muslim:* Muslim Personal Law
- *Divorce Process Overview:*
The general steps in a divorce proceeding include:
• *Filing a Petition:* Outlining the grounds for divorce in the appropriate court.
• *Serving the Petition:* Notifying the other spouse of the divorce filing, regardless of their location.
• *Gathering Evidence:* Presenting supporting documents and witnesses to substantiate the divorce grounds.
• *Conciliation:* Potential mediation or reconciliation efforts before proceeding.
• *Final Decree:* The court’s official termination of the marriage after completing legal formalities.
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🔍 Are you navigating the complexities of obtaining a Succession Certificate or Letter of Administration? At Adv C V Tiwari, we specialize in making t…
Posted on: July 28, 2024
🔍 Are you navigating the complexities of obtaining a Succession Certificate or Letter of Administration?
At Adv C V Tiwari, we specialize in making this process seamless for you.
Here’s how we can help:
- –**Expert Guidance**: Our experienced lawyers offer step-by-step assistance, ensuring you understand every requirement.
- –**Document Preparation**: We handle all necessary paperwork meticulously, so you don’t have to worry about missing details.
- –**Court Representation**: We represent you in court for obtaining the certificate or letter, providing peace of mind during stressful times.
- –**Timely Updates**: Stay informed with regular updates on the progress of your application.
Whether it’s for claiming debts, securities, or any other assets of a deceased person, our expertise ensures a hassle-free experience. Don’t navigate this alone—let us be your trusted legal partner.
📞 Ready to get started? Visit our website to learn more or to book a consultation today!
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The Punjab and Haryana High Court recently addressed a significant case concerning married individuals entering into live-in relationships, emphasizi…
Posted on: July 26, 2024
The Punjab and Haryana High Court recently addressed a significant case concerning married individuals entering into live-in relationships, emphasizing the detrimental impact on family values and the right to dignity of parents. The court underscored that such relationships not only bring disrepute to the family but also violate the fundamental rights of parents. The ruling highlighted the importance of upholding societal norms and the sanctity of marriage, emphasizing that extramarital relationships can lead to severe consequences for the family, including social stigma and emotional distress. The court stressed that while personal choices are respected, individuals must consider the far-reaching repercussions of their actions on their families and society. This landmark decision serves as a reminder of the legal and social implications of entering into live-in relationships while being legally married, urging individuals to prioritize the well-being and dignity of their families.
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**Will in India: A Guide to Estate Planning**
In India, a will is a legal document that outlines how an individual's assets will be distributed afte…
Posted on: July 23, 2024
**Will in India: A Guide to Estate Planning**
In India, a will is a legal document that outlines how an individual’s assets will be distributed after their death. It allows the testator (the person making the will) to nominate beneficiaries and executors, who will manage the estate. Creating a will is crucial for ensuring that your assets are distributed according to your wishes and avoiding potential disputes among family members.
- *Types of Wills in India**
- ***Registered Will:** This type of will is registered with the concerned authorities and carries legal validity. It offers greater security and reduces the chances of fraudulent claims.
- ***Unregistered Will:** This type of will is not registered and can be handwritten or typed. While it is valid, it can be challenged in court and may face difficulties in proving its authenticity.
- *Probate in India**
Probate is the legal process of validating a will and granting the executor the legal authority to administer the estate. In India, probate is mandatory for all wills, regardless of whether they are registered or unregistered.
**Steps Involved in Probate**
1. **Filing an Application:** The executor must file an application with the designated court, along with the original will and supporting documents.
2. **Verification of Will:** The court examines the will for authenticity and legal validity.
3. **Granting Probate:** If the court deems the will valid, it issues a probate certificate, authorizing the executor to a
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Offence Of Bigamy Not Attracted When A Party Marries During Subsistence Of Ex Parte Divorce Decree Even If It Is Set Aside Later: Kerala HC
Posted on: July 19, 2024
Offence Of Bigamy Not Attracted When A Party Marries During Subsistence Of Ex Parte Divorce Decree Even If It Is Set Aside Later: Kerala HC
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Certificates issued by Arya Samaj and Registrar are not sole proof of a valid Hindu marriage without customary rites and ceremonies: Allahabad HC
Posted on: July 18, 2024
Certificates issued by Arya Samaj and Registrar are not sole proof of a valid Hindu marriage without customary rites and ceremonies: Allahabad HC
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**Procedure to File a 138 NI Act Complaint**
The Negotiable Instruments Act, 1881 (NI Act), provides a legal framework for handling negotiable instr…
Posted on: July 15, 2024
**Procedure to File a 138 NI Act Complaint**
The Negotiable Instruments Act, 1881 (NI Act), provides a legal framework for handling negotiable instruments like cheques, promissory notes, and bills of exchange. Section 138 of the NI Act deals with the offense of dishonoring a cheque issued for payment of debt. Here’s a step-by-step guide on filing a complaint under Section 138 NI Act:
1. **Issue a Legal Notice:**
- –Send a legal notice to the drawer of the cheque (the person who issued the cheque) demanding payment within 15 days of receiving the notice.
- –The notice should be sent through registered post with acknowledgment due.
- –Keep a copy of the notice and the acknowledgment receipt.
2. **File a Complaint:**
- –If the drawer fails to make payment within 15 days of receiving the notice, file a complaint with the concerned Magistrate’s Court.
- –The complaint must be filed within 30 days of the date on which the cheque was returned unpaid by the bank.
- –The complaint should contain details like the cheque number, date of the cheque, amount, bank details, and the reason for non-payment.
3. **Supporting Documents:**
- –Attach the following documents to the complaint:
- –Copy of the dishonored cheque
- –Copy of the legal notice and the acknowledgment receipt
- –Copy of the bank statement showing the cheque return
- –Copy of the agreement or document evidencing the debt
4. **Court Proceedings:**
– The Magistrate will issue summons to th
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Dishonoring a cheque drawn against a valid loan account can lead to serious legal consequences under Section 138 of the Negotiable Instruments Act (N…
Posted on: July 14, 2024
Dishonoring a cheque drawn against a valid loan account can lead to serious legal consequences under Section 138 of the Negotiable Instruments Act (NI Act) in India.
This law safeguards the rights of creditors who rely on cheques for payment. To prosecute under Section 138, the following conditions must be met:
1. **Valid Loan Account:** The cheque must be drawn on a valid bank account and the drawer must have sufficient funds in the account to cover the cheque amount.
2. **Dishonor Notice:** The payee must send a legal notice to the drawer demanding payment within 15 days of the cheque being dishonored.
3. **Non-Payment:** The drawer must fail to pay the amount within the stipulated 15-day period after receiving the legal notice.
If these conditions are met, the payee can file a complaint with a Magistrate’s court under Section 138 of the NI Act. The drawer can be penalized with imprisonment of up to 2 years, a fine of up to twice the cheque amount, or both.
- *Key Points:**
- *A loan agreement provides the legal basis for the debt, making the dishonored cheque actionable under Section 138.
- *The burden of proof lies on the payee to establish the existence of the loan and the valid cheque.
- *It’s crucial to follow the prescribed legal process, including sending a legal notice, to ensure a successful prosecution under the NI Act.
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**Transfer of Property After Death**
When a person dies, their property is transferred to their heirs or beneficiaries according to their will or th…
Posted on: July 6, 2024
**Transfer of Property After Death**
When a person dies, their property is transferred to their heirs or beneficiaries according to their will or the laws of intestacy. This process is known as probate. Probate is the legal process of proving the validity of a will and distributing the deceased person’s assets.
**Steps Involved in Transfer of Property After Death:**
1. **Identify the deceased person’s assets:** This includes real estate, bank accounts, investments, and personal property.
2. **Locate the will:** If the deceased person had a will, it needs to be located and verified.
3. **File for probate:** The executor named in the will or the administrator appointed by the court will file a petition for probate.
4. **Notice to heirs and creditors:** The court will issue a notice to all known heirs and creditors of the deceased person.
5. **Inventory and appraisal of assets:** The executor or administrator will inventory and appraise all assets.
6. **Payment of debts and taxes:** The executor or administrator will pay all outstanding debts and taxes owed by the deceased person.
7. **Distribution of assets:** Once all debts and taxes have been paid, the remaining assets will be distributed to the heirs or beneficiaries according to the will or the laws of intestacy.
- *Types of Transfer:**
- ***Will:** A will is a legal document that specifies how the deceased person wants their property to be distributed.
- ***Intestacy:** If a person dies without a will, their property wil
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**Maharashtra Stamp Amnesty Scheme 2024: A Chance to Clear Your Stamp Duty Liabilities**
The Government of Maharashtra has announced a new Stamp Amn…
Posted on: July 3, 2024
**Maharashtra Stamp Amnesty Scheme 2024: A Chance to Clear Your Stamp Duty Liabilities**
The Government of Maharashtra has announced a new Stamp Amnesty Scheme for 2024, offering a golden opportunity for individuals and businesses to settle their outstanding stamp duty liabilities without facing penalties. This scheme provides a window to regularize past transactions and avoid potential legal complications.
- *Key Features of the Scheme:**
- ***Reduced Penalty:** The scheme offers a significant reduction in penalties on unpaid stamp duty. This can save you a substantial amount of money compared to paying the full penalty.
- ***Simplified Process:** The process for availing the scheme is streamlined and simplified, making it easy for individuals and businesses to participate.
- ***Limited Period:** The scheme has a limited duration, so it is essential to take advantage of it before the deadline.
- *Who can Benefit from the Scheme?**
The scheme is applicable to individuals and businesses who have unpaid stamp duty liabilities on transactions such as:
- *Property transfers
- *Agreements
- *Leases
- *Gifts
- *Wills
- *How to Avail the Scheme:**
To avail the scheme, you need to follow these steps:
1. **Submit an Application:** Download the application form from the official website of the Maharashtra government and submit it with the required documents.
2. **Pay the Due Amount:** Calculate the stamp duty payable and pay the amount along with the reduced penalty.
3. **Obtain a R
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A Will, also known as a Last Will and Testament, is a legal document that expresses a person’s (the testator) wishes as to how their property (estate…
Posted on: May 20, 2024
A Will, also known as a Last Will and Testament, is a legal document that expresses a person’s (the testator) wishes as to how their property (estate) is to be distributed after their death and which person (the executor) is to manage the property until its final distribution.
Key Elements of a Will:
Testator: The person who creates the will.
Beneficiaries: Individuals or entities who are named to receive the assets.
Executor: The person appointed to administer the estate.
Assets: The testator’s possessions, including money, real estate, and personal belongings.
Witnesses: At least two individuals who watch the testator sign the will and then sign it themselves.
Types of Wills:
Simple Wills: A simple will distributes the estate in clear and straightforward terms.
Testamentary Trust Wills: This type of will sets up one or more trusts for the distribution of assets upon the testator’s death.
Joint Wills: A joint will is made by two individuals, typically a married couple, leaving their assets to each other.
Living Wills: A living will doesn’t distribute assets but allows the testator to state their wishes for end-of-life medical care.
For more Information, you can reach out on 8828099666
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Cyber fraudsters often use sophisticated tactics to deceive victims, posing as trusted entities like banks or government agencies to trick individual…
Posted on: May 5, 2024
- Cyber fraudsters often use sophisticated tactics to deceive victims, posing as trusted entities like banks or government agencies to trick individuals into revealing sensitive information.
This can be used for fraudulent activities like unauthorized transactions or identity theft.
If you believe you’re a victim of cyber fraud, act promptly:
1. Report the Incident- Report the fraud to your bank and raise a complaint on 1930 or www.cybercrime.gov.in.
2. Change Your Passwords- Change passwords for all online accounts, especially those with sensitive information. Use strong, unique passwords.
To recover money through legal action:
a. Lodge the FIR – Go to your nearest police station and lodge the FIR.
b. Hire a Lawyer – Engage a lawyer who specializes in cyber law.
c. File a Lawsuit – Your lawyer can help you file a lawsuit against the fraudster.
d. Gather Evidence – Collect all relevant evidence of the fraud.
e. Court Proceedings – Attend court hearings and testify about the fraud.
f. Judgment – If the court finds in your favor, it will issue a judgment ordering the fraudster to repay the stolen money.
Recovering money lost to cyber fraud can be complex and time-consuming. However, with the right legal assistance and understanding of the process, victims can recover their losses and bring fraudsters to justice. Remember, prevention is better than cure. Stay vigilant and protect yourself from cyber fraud.
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GROUNDS FOR ACQUITTAL IN A CHEQUE BOUNCE CASE..
The case can vary depending on the specifics of the case. However, here are some general grounds:
Posted on: March 29, 2024
- GROUNDS FOR ACQUITTAL IN A CHEQUE BOUNCE CASE..
The case can vary depending on the specifics of the case. However, here are some general grounds:
Insufficient Evidence: If the prosecution fails to prove the guilt of the accused beyond a reasonable doubt, the accused can be acquitted.
Non-Recoverable Amount: The Supreme Court of India clarified that a cheque bounce case under Section 482 of the Criminal Procedure Code (CrPC) should only be exercised when it is evident that the amount in question is patently non-recoverable.
Discrepancies in the Notice: Any discrepancy in the notice of demand can lead to acquittal.
Absence of Legally Enforceable Debt: If it can be proven that the cheque was not issued for a legally enforceable debt or liability, the accused can be acquitted.
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Borrower Receiving Loan In Cash Liable For Cheque Dishonour Even If Loan Amount Was Beyond Limit For Cash Transactions Under IT Act: Bombay High Court
Posted on: March 1, 2024
Borrower Receiving Loan In Cash Liable For Cheque Dishonour Even If Loan Amount Was Beyond Limit For Cash Transactions Under IT Act: Bombay High Court
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The Supreme Court has held that the liability and responsibility of a father to maintain the child continues till the age of majority despite dissolu…
Posted on: March 1, 2024
The Supreme Court has held that the liability and responsibility of a father to maintain the child continues till the age of majority despite dissolution of the parents’ marriage. Failing which the same would be deducted in instalments from father salary.
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The Supreme Court of India has clarified important guidelines regarding Section 41 and 41A of the Code of Criminal Procedure (CrPC). These guidelines…
Posted on: February 26, 2024
- The Supreme Court of India has clarified important guidelines regarding Section 41 and 41A of the Code of Criminal Procedure (CrPC).
These guidelines aim to prevent misuse of arrest powers and ensure protection of an individual’s rights.
Here are the key points:
# Section 41A and PMLA:
Section 41A of the CrPC, which mandates notice of appearance before a police officer prior to arrest, does not apply to arrests made under the Prevention of Money Laundering Act (PMLA).
# Entitlement to Bail:
- –Any arrest made in violation of Sections 41 and 41A of the CrPC would entitle the accused to bail.
- –The court emphasized that these provisions are facets of Article 21 of the Constitution of India, which guarantees the right to life and personal liberty1.
- –The accused can seek bail if:
- *The arrest was not made during the investigation.
- *The accused cooperated in the investigation, including appearing before the Investigation Officer when required.
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Divorce is a legal process that formally ends a marriage or marital union, allowing both spouses to legally separate and dissolve their marital bonds…
Posted on: July 23, 2023
Divorce is a legal process that formally ends a marriage or marital union, allowing both spouses to legally separate and dissolve their marital bonds.
Here is some general information about divorce:
Grounds for Divorce: Each jurisdiction typically has specific grounds or reasons that allow a couple to seek a divorce. Common grounds for divorce include adultery, cruelty, desertion, irretrievable breakdown of the marriage, or living separately for a certain period.
Mutual Divorce: Where neither spouse is required to prove the other party’s fault for the breakdown of the marriage. Instead, they can simply state irreconcilable differences or an irreparable breakdown of the marriage as the reason for seeking a divorce.
Legal Process: The divorce process involves several steps, including filing a divorce petition or complaint, serving the other spouse with the divorce papers, responding to the petition, negotiating the terms of the divorce settlement (division of assets, child custody, spousal support, etc.), and finally, obtaining a court judgment that legally terminates the marriage.
Its also Involves:
- –Division of Assets and Debts.
- –Child Custody and Support.
- –Spousal Support (Alimony).
- –Mediation and Collaborative Divorce etc.
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Taking into consideration the academic interest of large number of students, it has been decided to grant exemption from the lockdown measures to con…
Posted on: May 20, 2020
Taking into consideration the academic interest of large number of students, it has been decided to grant exemption from the lockdown measures to conduct Board examination for classes 10th & 12th, with few conditions like social distancing, face mask etc, for their safety.