Advocate Dilip Kumar

Questions Answered by Advocate Dilip Kumar

Q: Can mother sell her share in ancestor property after father death?

Our house which my father got from his father as ancestral property. We are two brothers. My father and my younger brother died years back. Now self, mother and my brother's wife have the legal rights to this house . Now my mother wants to sell her share of the house ie 33% for her maintenance as there is now other income for her . Please advise if after father's death can mother sell his property legally and if so how to help her or can she give her share in gift even though no partition of share has been agreed .

Advocate Dilip Kumar answered
I have already answered this question to you on phone but perhaps you have not satisfied with my answer as I think. I am again telling the same answer. "After death of your father your mother acquired her right in the ancestral property as a "widow" and she has full right to sell her share for her maintenance and fulfillment of some other legal necessity." So far the question of gift is concerned, she can't make a gift until partition took place. I again advice you that your mother has full right to sell 33% of her share in ancestral property.

Q: Want patna high court lawyer to take my case in masauri court

Can Patna high court lawyer appeal for stay order for the property based in interior of Patna i.e in tairagna (Masauri) or the lawyer should be of masauri court only as there is court in masauri as well.please guide.

Advocate Dilip Kumar answered
Any Lawyer from across India can initiate argument in your case in the court of Masauri, provided that the advocate of Patna High Court can argue in your case at Masauri only with the oral permission of your duly authorized local Lawyer.

Q: Father in law is not allowing my wife to come back by threatening her

I got married in Court in 2015. Me & my wife started living together. Earlier my in laws were against the marriage but later on they agreed to it. In March 2017 a my father in law took my wife home stating that her mother was very ill. After a month when i went back I found it false & they were not willing to return my wife to me. Even after so many attempts they didn't allow. I filled RCR case which is ex partie ordered in my favour. I am in regular touch with my wife, she is willing to stay with me but her parents are not allowing her to go out of her home. And if she does so, she has been warned that her mother will commit suicide. And she want to go for legal process only. My in laws r nt allowing her to appear before the court. Please suggest me how to bring her to court.

Advocate Dilip Kumar answered
congratulation! You have won half battle. Further you have to file a Miscellaneous case for enforcement/execution of order passed by the family court in the matter of RCR case. In this case the court has power to attach the property. I think for fear of attachment, your father-in-law will allow her daughter to live with you.

Q: I need legal advice regarding the law related to Gift deed

My grandmother wants to gift me some property (land ). She is quite old 92 yrs old at her will. What is the procedure of gift deed?Can some fraud person cancil the gift deed of my grandmother to myself. What are the circumstances of cancellation of gift deed? Please reply...

Advocate Dilip Kumar answered
If the value of the property is more than Rs. 100 the same must be registered and attested by at least two persons. And the deed of gift must be accepted by the donee (You). But for that work you, your grandmother and two attesting witness will have go before Sub-Registrar office of your district for registration. Firstly you have to get the deed of gift drafted by the deed writer and the same will be presented for registration before the sub registrar. If the deed is according to order the registrar get the same as registered. The deed of gift only be cancelled by the Doner (Your Grand Mother). I want to make it clear that other person(s) have no right to sue for cancellation of deed of gift.

Q: Procedure to get execution of court decree done

I have recently won a case. I which court has declared the share 1/2 in a joint ancestor lands. However I don't think the opposition will partition and give my share by mutual understanding. Can you let me know, how can I take my part from Joint property?

Advocate Dilip Kumar answered
As I understand a preliminary decree is passed in your case in respect of 1/2 share in the suit property in your favour. You have to start a final decree proceeding before the court by which the preliminary decree is passed. In that proceeding the civil court will appoint a survey knowing advocate commissioner who will carved out your said 1/2 share from the entire joint family property.