Advocate Bhavanishankar

Questions Answered by Advocate Bhavanishankar

Q: Can son claim father's immovable property if he died without will

My father died 2yr. Back.mymother get family pension.my father died with no will.my father left retirement benefits .my mother donot share with me about my fathers movable property.iam the only son .pl.advoice if ihave any right on my fathers movable imovable property ?

Advocate Bhavanishankar answered
If at all your father has nominated your mother for all those benefits you cannot claim the same as of right. Any way you are duty bound to take care of your mother after the death of your father and you are trying to snatch those paltry sum lying with her. Moreover, you are the only son and whatever remains after her death would come to you only. Please think about it and dont disturb her and yo have plenty of opportunities to earn.

Q: legal recourse against a husband forging his wife's signature

A friend of mine is going through this. Her husband has opened a share market brokerage and has put her name as member of the board while registering the brokerage company. The company went into losses and husband is been arrested as one of the has booked a case against the company for not paying his money back. Now as my friend is part of the board her name is involved in the processing. But as per her, she has not signed any firms stating she would be part of board and on behalf of her, husband has forged her signature and made her legally involved. Is there any way out for her from this?

Advocate Bhavanishankar answered
No one should forge the signature of the other including husband and wife and such action attracts criminal action. Now that the wife has every right to file a criminal case against her husband for forging the signature. Let her lodge a police complaint and if the police fail to take appropriate action, she can file a PCR before jurisdictional magistrate court and get referred for investigation.

Q: Applied for divorce and willing to buy property can i do that

I got married on Aug 2013, on Dec 3rd 2016 my wife delivered a baby boy after this my wife rude behavior I had applied divorce then she had given complaint 498(a), and put maintaince case on me, is it correct time to buy a properly in Bangalore ?

Advocate Bhavanishankar answered
Your wife and child always have a maintenance right against you and at the same time whatever the property you are buying will have the lien of maintenance attached to the said property. Therefore, instead of thinking about your property accumulation think about concluding the pending cases and settling their dues as per law.

Q: My sister is getting harassed by her husband what she can do now

My sister is getting harassed  by her husband,  how can we log a complaint aganist him what are proceedure to log a complaint and book a fir ?

Advocate Bhavanishankar answered
You have not explained as to what kind of harassment your sister is undergoing as of now. However, if it is both physical and mental harassment you can lodge a police complaint and also file a case before the criminal court under the provisions of the Domestic Violence Act.

Q: My wife exchange her private pics with her boy friend before marriage.

My wife exchange her private pics with her boy friend before marriage. And that boy i know well.. now can i get divorce sueing of her boy friend to court..

Advocate Bhavanishankar answered
It is a settled law that sex before marriage is not an offence or ground for divorce. Consensual sex is not an offence. Section 497 for adultery attracts only against men who had sex with a married woman without the consent of her husband. However, married woman is spared and not punished.