Advocate Ashutosh Dubey

Questions Answered by Advocate Ashutosh Dubey

Q: How to file a domestic violence case

We don't know the how to file complain where to file complain. Police are not helping us they are not filing FIR against guilty . my sister is victim . please let me know the procedure how to file complain. We r Hindu. And also our financial status is not good.

Advocate Ashutosh Dubey answered
You can file complaint under section 156 crpc before the concerned lower criminal court of magistrate for direction of police to register Fir for the offences of cruelty and others. Simultaneously you can independently file complaint under domestic violence act

Q: If the will is challenged in future who shall get the rented income

Hi we are from hindu family. My grandfather made a registered will of factory in my (grandson)favour. My grandfather has four children two son &two daughters. Facts- factory is on rent and I am taking all rented income presently. Ques- in future if any of buas or chacha did case on factory as will is challengable. How does it affect rent income. Who will take rented income if will get challenged Court will take Or as iam taking presently aftr case thn also I will get?

Advocate Ashutosh Dubey answered
As there will be issues regarding inheritance, court will direct the rental income to be deposited in court. If you will continue to receive rent court may direct to keep account of it and if tomorrow will is regarded invalid and partition is done by meter and bounds then shares will be distributed accordingly

Q: Wife didnt term up for second motion for divorce what to do now

Marriage happened twice. The discussion is about second marriage the case trial happened in tis hazari court and we went for a mutual consent and the first motion happened with statement of recording done from both the parties. She is not turning up for the second motion since 1 year and she did not turn up for two hearings. 1st hearing for second motion was on October 2016 she unfortunately met with an accident. And now in Feb 14 2017 for the hearing she did not turn up. what is the next course of action? Is again we need to start really fresh or new. Please advice and help. Regards R.Pushyamitran

Advocate Ashutosh Dubey answered
If wife not coming up for second motion of mutual consent divorce ask court to issue summons/warrant in her name and even after that she doesn't turn up ask court to pass order keeping in view of first motion and her conduct of unwarranted harassment. Show that she is intentional avoiding just for harassment

Q: Can sister claim share in father's property

In my family ....we are 2 brother ,mother and my sister...my father died due to heart attack..my sister run away with a guy and done love marriage.....after my father death she came and claiming rights in the property ....we have only 1 house ...no other property how can we sell home...my age is 23 brother 25...we are not earning yet...if we sell house then where will we go....i dont want to give my house to my sister..bez she run away with his lover.....now she demanding for property share......and one more question my mother supporting my sister .....and my mother getting family penison,what is my security,rights, for my future ....i am student ..is that family pension is only for my mother ...what to do ... what is my share in family pension

Advocate Ashutosh Dubey answered
All legal heirs have their individual proportionate share in the ancestral property which they inherit. it may include movable or immovable both. since you are total 2+1+1=4, you will have one fourth share in the property including the family pension. you cannot deny right of your sister.

Q: Uncle blackmailing and not doing equal division of property what to do

Hi, My GrndFather has 2sons&1daughter,he has 2 indivual houses, one is 150galalu & 2nd is 400 gajalu.All property is on my grndfathr name only.My father is elder one,for business reason my father working out of city from last 20yrs. and my uncle(younger son) staying in house of 400 gajalu.My grndfathr passedaway 6months back. Now My uncle said to my dad as im staying in 400 gajas house so it shuld be in register on my name and you can take small one.He is blackmailing my dad.my dad isn't havng any influence in dis city nd my uncle hvng more inflnc so wt we do?

Advocate Ashutosh Dubey answered
There is no question of any influence in the legal matter. you have a legal and valid right you can exercise the same in court of law and the said purpose the influence will not be of any much help. As your father is two brothers, he can file suit for partition of the ancestral property if there is no will of your grand father. if there is any will you need to probate the same and get the shares allotted.