Advocate Aditya Bhagat

Questions Answered by Advocate Aditya Bhagat

Q: mental harassment by inlaws, want divorce and punishment

I am a hindu,i have 5+ years old son ,who can not speak.my husband is jobless drinker and my two brothebrothers inlaws are on job,one is govt. Employee , he is an advocate and working under DC in karnal,anothr one is working in ncr with panasonic company his Wife stay here ,she is a govt.teacher . My mother inlaw and father in law all are heartless and money minded and mentally harass me i can't explain more in english.

Advocate Aditya Bhagat answered
You have several possible options. You may file for divorce, or you may choose to file a complaint for harassment against your in laws. Given the condition of your son, it would be advisable to keep him with you for the duration of any case.

Q: Rights of Daughter when property owned by father is disposed by fraud

Last year my father passed away suddenly, he didn’t sale his property or he didn’t make will. After 1 year of his demise, my brother and mother told me that his property is disposed of and they are not telling me anything else. However I am confident that he didn’t make will or he didn’t sold it because my father told me about it before his demise and he was also aware of my brother and mother. After my father’s demise my brother took my sign on WAKALATNAMA also he has all the property documents. Now question arises that how my mother and brother can prepare documents for disposal of my father’s property? I am sure that they have made fake documents. I am my father’s younger daughter now 22 years. No family member or relative helping me. . In this situation what should I do and how? How serious it is for me? Please suggest.

Advocate Aditya Bhagat answered
If your relatives have obtained a power of attorney they have the bright to dispose of the property on your behalf. However, if the power of attorney was obtained by fraud it is possible to challenge it.

Q: Can i apply for child support and alimony if husband is not working?

Sir/Ma'am I am a housewife, married with two children for 29 years under Hindu Marriage Act. Due to my husband's infidelity and the mental harassment caused by him I have asked for divorce but he refuses to pay alimony and child support after divorce. Though he is retired for 2 years but he earned around 80,000pm and was a corrupt, smart public sector employee. He has started transferring his money to his mother's account and selling properties. Kindly tell me if I can have the small house after divorce in which I am currently residing with him and my two unmarried daughters? What percentage am I entitled to his properties?

Advocate Aditya Bhagat answered
You are entitled to alimony and child support. The proportion of your husband's income that will be decided by the court. The first step would be to restrain your husband from parting with any money or properties. You could then try and settle the matter

Q: Is it legal to Put up posters on private and public property

Hello, I wanted to know if it is legal in Gurgaon to put up posters which do not advertise anything, but champion a cause (like women's empowerment), both on private property and public property like pillars and lampposts

Advocate Aditya Bhagat answered
It is legal to do so on private property after obtaining consent from the owner of the property. In the case of public property, the permission needs to be obtained from the relevant municipal authorities.

Q: Property related dispute

Dear Sir/Mam, We had a land in  and we wanted to construct full house (3 storeys) and we got an offer from builder that he will construct 3 floors (Ground+1st and 2nd) for us free of cost in case we surrender one floor to him. So we agreed on the terms and surrendered 2nd floor of the building on the terms that we will also provide separate car parking to the second floor owner. So it was decided we will have Ground+1st floor+roof rights of the building and it was also mentioned in the registry that 1 meter of passage will be used by as a common area for entry into the building. Now, that builder sold that 2nd floor to other party and the owner of 2nd party is showing his allotment letter stating he has right to 1/3rd of the area of the property and needs 1/3rd area for parking his second car on our ground floor apart from that 1 meter passage which was mentioned for common use. Kindly advise, what should be done in this case.

Advocate Aditya Bhagat answered
The owner has a 1/3rd undivided right in the land. However, if your contract with the builder entitles him to only sell one parking space, then the builder would be guilty of fraud for selling more than he was entitled to.