Advocate Bala Sayannarayna Reddy

Questions Answered by Advocate Bala Sayannarayna Reddy

Q: Procedure to claim share in father's property by children of 2nd wife

I belong to ST koya tribe.my father has passed away recently 1 week back.we the second wife children aren't married and have any right on my father property

Advocate Bala Sayannarayna Reddy answered
Though you are the children of second wife you are having rights over the property of your father as illegitimate children. you may file a case against the remaining legal heirs for partition of the properties.

Q: Procedure to file for divorce & claim alimony

 my cousin, get married a person 17 years back. 25K dowry paid at the time of marriage.His parents hide the truth that he may not be fit do sex and produce children. From last 17 years my cousin living with him and his parents in same house and falsely victimized and asked to under go various test. In this process she has been victim of psychological torture and physical abuse. My cousin father & brother are alcoholic addicts and don't have any proper income so they are not in a position to support her. She want to divorce & get alimony so that she start again peacefully. She is just 10th pass out. Her husband don’t have job from last 14 years and no any property on his name. But his parent are well recognized in society and having nearly 2 crore property. His father is a retired doctor and mother is a writer. By considering this back ground how my cousin can file a case for divorce and alimony, how much alimony she can ask.

Advocate Bala Sayannarayna Reddy answered
SIR, UR U DID NOT MENTION UNDER WHAT RELIGION CEREMONIES THE MARRIAGE OF UR COUSIN WAS PERFORMED. UR COUSIN MAY FILE DIVORCE CASE AS PER HER RELIGION EITHER IN PERSON OR THROUGH AN ADVOCATE BY MENTIONING THE TRUE STATE OF FACTS. SHE MAY ALSO FILE A CASE SEEKING MAINTENANCE UNDER SECTION 125 OF CR.PC EITHER IN PERSON OR THROUGH ADVOCATE. THE COURT WILL GRANT MAINTENANCE AS PER THE FINANCIAL CAPACITY OF THE HUSBAND. SHE MAY ALSO FILE A CASE FOR PERMANENT ALIMONY. SHE MAY ALSO FILE A CASE UNDER DOMESTIC VIOLENCE ACT AGAINST HER HUSBAND AND IN-LAWS.

Q: Legal remedy as property sold to 3rd party without heir's consent

Sir, my step mother sold some property to third party without knowledge of heirs and ready to sell house which costs ₹ 50,00,000. Deals with hindu succession act.

Advocate Bala Sayannarayna Reddy answered
SIR, IN UR QUESTION U DID NOT MENTION ABOUT THE OWNERSHIP DETAILS OF THE PROPERTY. IF REALLY THE PROPERTY IS ANCESTRAL PROPERTY ALL THE HEIRS WILL GOT RIGHT OVER THE PROPERTY. THE HEIRS MAY FILE A SUIT FOR PARTITION OF THE PROPERTIES.

Q: Rights of sister over brothers property

Sir,will my aunty(father's sister)will get share in my father's property which my father purchased after my aunty(father's sister) marriage.we are Hindu religion.my aunty got married before.later my dad purchased property.

Advocate Bala Sayannarayna Reddy answered
if your father purchased the property with his own earnings no body will get any share in the properties of your father. If your father purchased the properties with the joint family money then she also got equial rights over the property.

Q: Our advocate is filing false petitions on our behalf

We found that our advocate is putting his signature and submitting the petitions. What legal action could we take against him . What is the punishment he is likely to get?

Advocate Bala Sayannarayna Reddy answered
your question is not clear. you did not mention that where your advocate put his signatures, on what papers he signed and where the documents were submitted by him? All these questions are required to answer your question.