Advocate Amit Kumar Bedi

Questions Answered by Advocate Amit Kumar Bedi

Q: Husband is torturing how can i take divorce and custody of children

My. Husband. Tell. Me. To. Leave. Home. On. Little. Things. He. Not. Give. Money. For. Shopping. And. Medicine. I am. Working. I. Wants. Divorce. With. Kids. And. Property. Part

Advocate Amit Kumar Bedi answered
You have many options under Indian law. You can file for divorce on the ground of cruelty. You can seek maintenance for yourself and your children from your husband. You can keep your children with yourself.

Q: Divorce given by court now how can i cancel the divorce decree

We had divorce one month before,now we both dissolve this divorce decree, because our child8yrs baby suffered ,she is can't live be without us ,she was sick to member every time papaa..papaa father sickness.come come hoeme,come home.I can't tolerate this .I want seem to her happily .so we both me & my wife decided for atleast for our baby .she ll not suffer mentally.so we have to live togethely under one roof.so plz what is procedure to how dissolve decree of divorce

Advocate Amit Kumar Bedi answered
Very simple. You people can marry again after 90 days pass from date of decree,if it's contested divorce. If you guys have taken divorce by mutual consent then there is no waiting period. You guys can marry whenever you plan to. No law can stop you guys from marrying again. Go ahead and get back together without any problems...!!!

Q: Parents own joint property and are separated can father claim share

My parents own 50% share each of our house with no loans pending. My parents are separated, my father lives in a rental house somewhere in the city with a woman. He has a 2 year old child with this woman. My mother lives in our house. The deed of the house does not state which part of the house or plot is the mother's or father's. My question is - can my father sell his share of the house without my mother's consent? Under what conditions can he sell his share of the house?

Advocate Amit Kumar Bedi answered
Yes, your father has every right to sell his share but not any specific portion of property in question. But in case there is any writing qua apportionment of the said house then it has to be seen. No specific conditions are required for your father to sell his share. He can sell his 1/2 share in the property. Though the same is challengable by your mother before court if he sells any specific portion.

Q: Property in my father's name can grandfather alter property

Hi I just want to know that my grandfather is doing something wrong with our property and he is saying that he dont want to give any part of his property to anyone but the property is already on my fathers name from the last 25 years. so i need your help to find out the solution. Thanks in Advance kind regards

Advocate Amit Kumar Bedi answered
Dear Client, in case the property in question is your father's self acquired property then in that case nobody has any right to deal with it. Only your father can decide about that property. Your Grand Father has no right in that property. Even if it is assumed that your grandfather transferred the property in question long back to your father even then he has no right left in the said property.

Q: Daughters right in father's property

My query is in light of a Supreme Court judgement on legal right of a daughter in father’s own purchased property. My father expired in 1986, leaving no Will. Our family has my mother, two sisters and me. I am the middle child (son). Who is the beneficiary of the house property that was in my father’s name? i am paying the property tax.

Advocate Amit Kumar Bedi answered
Dear client, after the Supreme judgement in "Prakash vs Phulvati" (passed in 2015) (based upon amendment in section 6 of Hindu Succession Act in 2005), now girls also have equal right in the property left by parents (ie if parents expired or partition is opened on or after 9th September 2005 amendment). Now, in your case, succession opened in the year 1986, on the date of death of your father. After his death, his property vested in your mother and you ie 1/2 share each. As such, your sisters cannot claim right in the partition which opened up in 1986. Though they have every right in the partition that opens up on or after 9th sept.2005.