helpmepapa.com

25/01/2015

You Asked:

My grandfather divided a plot among his four sons including my father and a daughter before his death. One of my uncle (deceased) was unmarried. His plot is behind my father's plot and my father is taking care of his plot for so long.

Now suddenly my aunt (my father's sister) is saying that she will get the whole plot of my deceased uncle because she is unmarried too.

I just want to ask you that can she get the whole plot of my deceased uncle automatically? And can she build an apartment there with the approval of the rest of my uncles but my father?

PAPA Answers:

The share of your uncle will devolve to all of his first class heir. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.

Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.- The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

Since he is unmarried, therefore the share will devolve to your grandmother. However, if your grandmother is not alive then the property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they share equally. The Class II schedule includes the following heirs :-

I) Father,

II) (1) Son’s daughters son ; 2) Son’s daughter’s daughter ; 3) brother ; 4) sister .

III) 1) Daughter’s son’s son ; 2) Daughter’s son’s daughter ; 3) Daughter’s daughter’s son ; 4) Daughter’s daughter’s daughter ;

IV) 1) Brother’s son ; 2) sister’s son ; 3) brother’s daughter ; 4) sister’s daughter.

V) Father’s father ; Father’s mother .

VI) Father’s widow ; brother’s widow ;

VII) Father’s brother; Father’s sister ;

VIII) Mother’s father ; mother’s mother ;

IX) Mother’s brother; Mother’s sister.

In view of the above, the property will equally be divided upon all brothers and sisters of your uncle.

22/01/2015

You Asked:

I bought a car and the car failed in a crash test. Can I file a complaint against the company for deficiency committed by the company and claim for damages as well?

PAPA Answers:

We suggest you to send a legal notice through a lawyer, thereby demanding the company to rectify the deficiency.

In case the company fails to rectify its deficiency then you can file a consumer complaint before the Consumer Forum Redressal.

Free Legal advice – Consumer Protection advice online. I bought a car and the car failed in a crash test. Can I file a complaint against the company for

22/01/2015

You Asked:

I got married in April 2014 and my marriage has become a curse for me. My wife out of the 7 months of our marriage stayed in her parents house for almost 5 months. She went there on rakhi and didn't come back.

I decided to go and settle things and bring her back but now again she has gone back to her parents house and decided not to come back. She says she was married under her family pressure which has ruined my life.

Please suggest how can I get rid of this curse in my life. What precautions should I take legally so that when I file a divorce case it doesn't affect my marriage.

PAPA Answers:

We suggest you to consult a marriage counsellor and try to resolve things.

In case the things are not resolved and both of you do not want to stay with each other, then we suggest that you should file for a Mutual Consent Divorce under Section 13 B of the Hindu Marriage Act. This is a faster way to obtain decree of divorce and less time consuming.

21/01/2015

You Asked:

How can I file a divorce case against my husband including a complaint for domestic violence and sexual harassment. I want my 1 year old son with me and maintenance for my son after divorce. Please help me.

PAPA Answers:

First of all, we suggest you to draft a complaint in writing and get it registered at the nearest police station under section 498A of the Indian Penal Code and under the protection of women from Domestic Violence Act.

Further, in case you want to seek a divorce from your husband you can file divorce petition under Section 13 (1)(i)(a) of the Hindu Marriage Act 1955 (assuming you are a Hindu).

With respect to your second question on maintenance, you shall be liable to get alimony / maintenance from your husband under Section 125 CrPC as well as Section 24 of the HMA during the pendency of your Divorce proceedings. The Court shall decide the maintenance based on the facts and circumstances.

If your child is a minor then you need to file a petition for the custody of your child.

Section 6 of The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. For appointment of declaration of any person as guardian, the court shall consider the welfare of minor. Since your child is a minor so you will only get the custody of your child. However the welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child. The answer depends on the balancing of all these factors and determining what is best for the child’s total well being."

The above mentioned procedure is one option.

The other option available for you is to file a Mutual Consent divorce under Section 13 B of Hindu Marriage Act 1955. But this is only possible if your husband is willing to give you a divorce as well. So you will have to enter in a MOU /agreement with your husband wherein you will have to specify the terms of your divorce such as alimony/maintenance and custody of your children. This process is faster and cost effective.

21/01/2015

You Asked:

What is the cost for transferring a divorce case to another city? Who can transfer the divorce case - high or supreme court?

PAPA Answers:

If you intend to transfer a divorce case from one city to another city then you will have to file a transfer petition before Supreme Court.

The cost of the entire case depends on the facts of the case.

Free Legal advice – Divorce & Alimony advice online. What is the cost for transferring a divorce case to another city? Who can transfer the divorce ca

20/01/2015

You Asked:

One guy has a shop near to my house and he daily parks his car in front of my house. He daily drinks with his friends in his shop and when I told him do not park car front of my house he used abusive language. He also said that he will park his car in front of my house in future also and I can tell to the police. I have called the police many times but police does not take action against him.

What should I do?

PAPA Answers:

Firstly, if the person is drinking inside his shop then it does not constitute an offence. Nor parking in front of your house constitute an offence. However, if he is drinking on the road in front of your house then it amounts to public nuisance under Section 268 of Indian Penal Code. Section 268 is reproduced here under:

Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

We suggest you to take some photographs as proof about all these activities and make a complaint by taking the general public that is your other neighbors signature to your nearest police station.

Further, abusing or using filthy language to annoy someone can be an offence under Section 294 of Indian Penal Code, even if it does not take place in a public place. Section 294 is reproduced here under:

294. Obscene acts and songs.—Whoever, to the annoyance of others—

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.].

Hence, you can file a police complaint under the aforesaid section.

19/01/2015

You Asked:

What to do if I have still not received a reply to an RTI application filed by me? It's been 30 days and I've still not received the reply. Whom should I approach?

PAPA Answers:

The PIO should respond within 30 days of the receipt of the application. If no reply is received, file and appeal to the Appellate Authority of the same Department.

17/01/2015

You Asked:

What legal steps can I follow to get my wife back who has been staying in my in laws house for the past 1.5 years? We have been married for about 3 years now.

My wife had a miscarriage after which she underwent an operation for the same. My in laws stay in Agra where she decided to get the operation done. We had disputes after which she decided not to come back.

But we decided to give it another chance and she came back to my house again. But the disputes couldn't be dealt with and she left me again. Now it's been 1.5 years that she has been staying away from home. I don’t want to take a divorce. What can be done?

PAPA Answers:

Try speaking to your wife and resolve the issue amicably. If the same fails, the option available with you is to file a petition for the restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955(assuming you are a Hindu).

Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

13/01/2015

You Asked:

My mother is illiterate and she had given two rooms in a chowl in 2002 on rent. She sold one room in 2008. When she was to sell this room the paper work wrongly said that the total area was 1000 whereas she sold just 500 area.

The registration paper said that she sold 800 area which means 300 extra area was mentioned on the paper by mistake. My mother ended up losing her second room area as well. Please guide me on what should I do for the correction of the paper.

Answers:

We will have to examine the documents and accordingly we can suggest you a legal remedy. Please specify when the agreement to sell was executed and what exactly was written in it, 800 bigas or 500 bigas.

In case the agreement to sell or the sale deed states 500 bigas, then you can file an application annexed with the sale deed or agreement to sell thereby requesting them for rectifying the records.

09/01/2015

You Asked:

I and my Husband are not living together since the last 3-4 years. We got married in 2009. A love inter-cast marriage without my parents' wish. I have a 4 year old daughter with me and I am living with my parents in Delhi.

He is from Lucknow and I got a letter from the court (Summon) 2 days back in which he narrated a false story and I am called for a hearing in Lucknow. I am also not willing to be in this relationship any more but I have a daughter and I want maintenance for her.

I also want to transfer this case to Delhi. Please advise. What steps should I take next?

PAPA Answers:

First of all, we will have to see whether the summon received from your end were from the Court or not. In case yes, the case is filed in Lucknow then you will have to file a transfer petition in the Supreme Court thereby praying for transfer of case from one district to another.

Further, we suggest you to appoint a lawyer who can examine the documents and advise you about the way forward.

08/01/2015

You Asked:

My late grandfather had a property which he had leased on pagdi. He has 3 sons and all the sons have agreed to sell the property with the consent of the tenant. He has been the tenant since 25 odd years (commercial property).

I am not staying with my father since 4 years. Can I claim a right on the property? If yes, how?

PAPA Answers:

If it is an ancestral property then you can claim the right over the property. However, if your grandfather died without a WILL then the property will devolve in your father’s name.

Thus, in such case you have a right over your father’s share, but till the time he is alive you cannot claim the said share.

08/01/2015

You Asked:

A private financier from Karnataka had forcibly taken a blank signed cheque and blank signed stamp paper from me. Though I had given a stop payment for the same, the cheque was bounced.

Now, as per the SC order on Jurisdiction, can I file the suit? What is the remedy available for me?

PAPA Answers:
We suggest you to lodge an FIR wherein you must state in the complaint that the said documents have been stolen.

Thus, this will make your case strong and give you an opportunity to defend yourself and justify the reason for stop payment.

Make the complaint at the earliest.