Advocate Brij Bihari Sharan

Questions Answered by Advocate Brij Bihari Sharan

Q: Recovery of own car from some one who has acquired it unlawfully

Now what can I do for recovery my own car. All legal documents of the car in my custody but possien other person by only Massele power

Advocate Brij Bihari Sharan answered
While docs are in your custody and in your name it proves that you're owner of the property i.e. Car. You'd lodge a FIR in the concerned police station or you'd file a case against those person in the court of chief judicial magistrate.

Q: Enemy planning to frame me in false murder case what can be done

Dear sir My enemy are planing to frame me in fight or half murder case any kind of false criminal case. Please advice me Precautionary measures Kindly suggest me Legal advice

Advocate Brij Bihari Sharan answered
Your enemy is in view to grab you in a false criminal case, so you must take legal recourse to protect yourself. The legal recourse is that you should file an information petition before the court of CJM stating there in the attitude of your enemy and your presumption.

Q: Construction of Stairs to encroach 4ft space on road by neighbor

Sir, with due request I would like to inform you that 2 of my neighbors have encroached/blocked the road by extending their elevated stairs 4ft outside on the road side which has reduced the passage path from 12ft to 4ft and it's creating problem to take any materials through that narrow path.it's mentioned in the registry paper that each of the party has to leave 4ft for the road side. I have verbally requested numerous number of times to both the neighbors to remove the extended/elevated 4ft stairs from the road but till date they have not done so. Please suggest legallly to resolve the issue so that I could also be able to construct my house. 

Advocate Brij Bihari Sharan answered
It is a matter of encroachment. Ur neighbours have constructed 4ft wide stairs in public gali, this act is illegal. No one has got right to obstruct common passage . obstruction of easementary righy is itself illegal.

Q: My in laws giving property to my sister in laws can i object

By law is it possible,if my in laws decide to give their half property tp their daughter. what action i can take for this action how much right they have on our property after their marriage.

Advocate Brij Bihari Sharan answered
As per law, you have right to get your share in the property of your parents and in ancestral property also. As per Hindu Law, now a female member is also co-parcener in the join Hindu family property. I hope perhaps you'll be aware with the new amendment in Hindu Law. Your query is not so clear, so you should contact me

Q: Rights of hindu married woman in father's property

I am a married Hindu woman. My marriage date is in feb 2006. My father died before my marriage and my grandfather and mother is alive. I have two brothers and two sisters. Some properties are accentral and some are own by my Grand Father. Some properties belong to my mother. I do not have any properties paper with me as nobody shows property paper to daughter. I am running a school at my grandfather properties but my brother is forcing me to vacant the properties. My elder brother is mentally ill. Might be my Grandfather has transferred the properties right to my younger brother. Please suggest – 1. How can I save my school? 2. From where I can get the properties papers and what is the procedure? 3. How can I get my part in properties?

Advocate Brij Bihari Sharan answered
You are a member of joint hindu famiy. As per law you have right in the ancestral property. Now the hindu law has been amended and as per amendment the female is also co-parcner and have right to obtain her share in the joint family property.