Advocate Hemant Ballani

Questions Answered by Advocate Hemant Ballani

Q: Sister's share in my father's property ?

my father died on 25 nov 1991, and i m his adopted son and i want to sale the property but his real daughter is claiming her share in her father's property . is she is eligible for such share in property ? please give me answer as soon as possible

Advocate Hemant Ballani answered
The amendments of 2005 in the Hindu Succession Act, 1956 gave equal right to daughters in coparcener properties by removing the discrimination that existed in the original enactment, against Hindu women on rights over ancestral properties. However, the Supreme Court declared that the provisions of the Hindu Succession (Amendment) Act, 2005, are applicable “prospectively” and not with “retrospective”. In the wake of above legal proposition, the daughter cannot claim right over the property in the instant case. However, with regard to query, you will have to establish your right to claim share as a adopted son.

Q: What action can I take against examination authorities ?

I appeared for rajasthan administrative services but could not passed the exams just by 12 marks, when I applied for my answersheet's photocopy there was lot of difference and some answers were not even checked. what legal action can I take in this case ?

Advocate Hemant Ballani answered
We can straightaway file a writ petition before the High Court challenging the process of examination and may request the court to issue necessary directions to the authorities which have conducted the examination to revise our marks and consider our candidature. As a interim measure, we can also pray to the Court to issue directions either to keep one post reserve for us until decision of the writ petition or stay the entire process.