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Right of a married daughter on fathers (not ancestor) property

Posted on Sept. 2, 2017, 10:28 a.m.

Is a married daughter has right in her father property when he is alive and after demise. If yes at what percentage, if they are of 3 children (one male and two female child).

Property  

Answer

Advocate Rajdeep MajumderAdvocate Rajdeep Majumder

as a Hindu male is the sole owner of his assets either self acquired or inherited during lifetime no one is entitled to claim right over the same. in case a Hindu male died intestate all the sons and daughters and wives of the intestate is entitled to inherit the assets of the intestate equally. in other case of testamentary succession will prevail.

2 ANSWERS
asdas

Posted on Aug. 31, 2017, 2 a.m.

asdasdas

Consumer Protection  

Answer

Advocate Rajaganapathy GanesanAdvocate Rajaganapathy Ganesan

Hi, What is your query related to consumer protection ? Regards G.Rajaganapathy

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What is the cost of filing a writ petition in high court through a lawyer?.

Posted on Aug. 29, 2017, 7:34 p.m.

Query

Property  

Answer

Advocate Rajdeep MajumderAdvocate Rajdeep Majumder

it depends on the subject and variable fees of advocates. you may contact for further assistance.

3 ANSWERS
Hi, my brother is getting divorce here in USA. His wife demanding share in his property which are located in Inida. Can USA court order to divide property?

Posted on Aug. 28, 2017, 5:42 a.m.

Getting divorce in USA

Divorce  

Answer

Advocate Satish MishraAdvocate Satish Mishra

Yes, USA court can order it if you both agree to it. Later on if anyone of you challenge it in India, then it can be challenged if there is no settlement or meeting of minds between the spouses. It goes by everything is fine until it is challenged.

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Hi, my brother is getting divorce here in USA. His wife demanding share in his property which are located in Inida. Can USA court order to divide property which is located in India?

Posted on Aug. 28, 2017, 5:39 a.m.

divorcing in India, can usa court order to share property in Inida.

Divorce  

Answer

Advocate Raja GopalAdvocate Raja Gopal

Hi USA Courts cannot order division of properties located in India. However it may order that the properties may be divided equally. In general any Divorce granted by USA Courts are to be ratified in Indian courts if the USA Courts orders division of all properties including Indian properties. In India unless and until the divorce is by mutual consent, parties cannot stake claim on properties under Marriage Laws, but instead need to make a claim for partition under succession laws.

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Hi, my brother is getting divorce here in USA. His wife demanding share in his property which are located in Inida. Can USA court order to divide property which is located in India?

Posted on Aug. 28, 2017, 5:38 a.m.

divorcing in India, can usa court order to share property in Inida.

Divorce  

Answer

Advocate Chaitanya LimbachiyaAdvocate Chaitanya Limbachiya

Only a decree of divorce and Order of the divorce of the USA court can be valid in India unless it is challenged on the ground of discrimination and for violating the principle of natural justice. No decree for partition of any property situated in India can be either granted or or or pronounced by the court outside of the India. Only Indian Court have jurisdiction to pass such order

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Getting Witness Exemption/ my options

Posted on Aug. 25, 2017, 5:15 a.m.

Motorcycle was stolen from outside our house in Gurgaon. I moved abroad, and now the state is prosecuting this theft accused. They asked me to come as a witness but I can't since I am living in Germany. What are my options? Can I get an exemption?

Criminal Defense  

Answer

Advocate Rajdeep MajumderAdvocate Rajdeep Majumder

appoint a local lawyer and instruct him to record your appearance before the court and fix another date which will be convenient for you , otherwise warrant may be issued from court or your name would be expunged from the case.

1 ANSWERS
Can we annul a marriage on grounds of mental instability?

Posted on Aug. 20, 2017, 7:01 p.m.

My brother had an arranged marriage in 2012 to a mentally unstable woman. It was obvious to everyone on the day of the wedding. She left to her parents in a couple of weeks but refuses to agree to mutual divorce. The marriage wasnt registered though.

Divorce  

Answer

Advocate Rajdeep MajumderAdvocate Rajdeep Majumder

as per valid hindu marriage registration is not mandatory, but performance of rituals is essential. consummation of marriage is also an ingredients of a valid marriage. if you can prove her mental disorder medically only then it is advisable to take this as a ground, otherwise non consummation and cruelty may also be grounds for divorce.

2 ANSWERS
Can they claim adverse possession

Posted on Aug. 20, 2017, 10:23 a.m.

Since we were not residing in city,squatters had encroached on my land of 15 gunthas.But recently they all shifted to nearby govt land and started new construction.We have filed a suit.

Property  

Answer

Advocate S Sushil KumarAdvocate S Sushil Kumar

Few things has to be clarified. 1. Are they still in possession of the property? If they are in possession of the property, You can file a suit for recovery of possession, if they deny you title you have to filed declaration and recovery of possession. 2. Adverse possession can be claim only whey they are in possession openly and uninterrupted from date of your knowledge. It has to be more than 12 years. They have to establish it too. Have they put in pacca construction. Is there any EB service connection. If all these question are answered I be in a possession to say? But claim of adverse possession will not be granted easily.

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Responding to legal notice

Posted on Aug. 4, 2017, 2:33 p.m.

I have been following up with Vistara on their weak customer service, lack of cultural sensitivity and misleading advertisements. Vistara first blocked my email ID and Twitter handle over a month back and has now sent a legal notice alleging defamation

Consumer Protection  

Answer

Advocate Aditya Kumar YadavAdvocate Aditya Kumar Yadav

1. "I have been following up with Vistara (Company)" please provide some clarity over it, as the phrase is too broad to involve a particular legal interpretation. 2. Were you a Consumer and used their services and your allegations were based on your own first hand experience? Or , they were presumptions and based on news articles etc. SUGGESTIONS: 1.Replying the notice countering the particular allegations made by the Company . 2. Give a notice to them under Consumer Protection Act (also including that they try to threat/ discourage you by a Defamation Notice ) followed up with a Official Complaint in the concerned District Forum (taking you as a Consumer) 3. These are some handy tools used by few companies to shoo away annoyed consumers and presenting deaf ears toward their complaints. 4. Please share your correspondence with the company to get a particular legal advice