Advocate Balaram Deo

Questions Answered by Advocate Balaram Deo

Q: Property division between sibling after the death of parents

We are two brothers and 3 married sisters Hindu. Our parents and elder brother died. How can we share our land as well as residential property

Advocate Balaram Deo answered
Dear Sir.Ancestral property are always divided in metes and bound by way of partition in between the legal heirs and successors. So you can share your property by way of partition in between you either amicably or by the court of law through ba partition suit.

Q: What to do if a cheque is dishonoured

I gave 148000 to a person for purchasing a plot from him .Total cost of the plot is 240000.He give me a reciept as a reality firm .But i think he has no regd for the firm. Later he didnot sell the plot to me as he has no town planning permit.So he give me a cheque dated 30 4 2018.if the cheque is bounced then cheque bounce or civil case can be done?

Advocate Balaram Deo answered
Dear Sir/MamIf a cheque is dishonored,a notice u/s.138(b) is to served on the person who has issued the cheque for payment of the amount within 15 days of receipt of the notice .If not paid then a case is to be filled.

Q: Wants to file for divorce have only notary certificate not marriage

I (Hindu) got Married in 2010 with notary registration by stating we have just married in a temple. We do not have any pictures of our temple marriage because it's never happened. But all these are mentioned in that certificate as advised by a lawyer at that time. After that, we never proceed to have a marriage certificate by some negligence. My question is : 1. Is that certificate is still valid? 2. Do i need to get a divorce before marrying someone else? Note: I have 4 yr old son and we are not staying together for last one and half year. I have registered A complaint against him due to his excessive physical violence. And no one is there to support me. Please kindly suggest.

Advocate Balaram Deo answered
Dear Mam/SirI would like to draw your attention that no marriage is registered before a Notary Public. The certificate you are claiming might be a Declaration of marriage and/ or affidavit in token of your marriage solemnised in a temple. Hence the marriage solemnised in a temple is nothing but a marriage under Hindu law. So certainly you have every right to approach the court for dissolution of the marriage by a decree of divorce by a competent Court.

Q: I want to court marriage with my bf who is also of my age i.e. 18years

I am 18years old and my bf is also of my age. Our situation is going very critical day by day so we think to marry each other. But the question is that now we are eligible but can our parents still register a case against us if we do a court marriage? Please answer honestly and soon.Please answer can any case be filed against us as he is 18years old. My religion is muslim and he belongs to hindu religion but we both love each other a lot. And I will become hindu after marriage with him. Please ans can this year we marry each other without having any case filed against us? And if it happens so how can we get rid of it?

Advocate Balaram Deo answered
Dear MamNo doubt both of you have attained majority by completing 18 years. But the minimum age limit for a male is 21 years and a female is 18 years. So your bf has not attained the right age of marriage though you have attained the age limit.

Q: WANT TO DIVORCE MY WIFE. HOW TO PROCEED TELL ME PLEASE ?

SIR, I WANT TO GET DIVORCE FROM MY WIFE.SO KINDLY SUGGEST US.

Advocate Balaram Deo answered
Dear SirIf you want to divorce your wife , you have to file a divorce case before the concerned family court or any other court of competent jurisdoction with the grounds of divorce. Therefore a thorough discussion is required to set out the grounds of divorce and also other modalities.