Advocate Kawaljit Singh Bhatia

Questions Answered by Advocate Kawaljit Singh Bhatia

Q: Can a mother inherit her dead’s son properties/ assets with no will

My father passed away recently without creating any will My fathers brother just called my mom and said that my grandmother (who’s 88 and has major dementia- and she doesn’t even know about my dads passing) will be a legal inheritor - we don’t think this is fair at all- what do you suggest?

Advocate Kawaljit Singh Bhatia answered
as per section 8 of the Hindu Succession Act, upon the death of a Hindu male, the property devolves firstly upon heirs specified in Class I of the Schedule. Class I heir includes son, daughter, widow, mother, son of pre-deceased son, etc. etc. you may see Class I heirs in Schedule of the Hindu Succession Act. So yes, your grandmother is entitled to a share in your deceased father's property, like you, your siblings and your mother.

Q: Someone sold me Pre Leased Property by hiding this fact

Someone has sold me commercial shop and mentioned in sale deed that he has delivered actual, physical, vacant and undisputed possession and after execution of sale deed I got to know that he already leased out this property to a company for 12 years and received Rs. 15 lakhs as advance. He completely concealed these facts from me, can I file a criminal case under section 420 IPC against him ??

Advocate Kawaljit Singh Bhatia answered
of course you can file. in fact this is a classic case of cheating and fraud. the seller has made false statement on the sale deed just to make illegal gains from you. you are advised to file an fir in this matter.

Q: Son and Daughter in Law demanding Father self acquired house

Son and Daughter in Law demanding Father & mother self acquired house by blackmailing to file FIR against father in law for misconduct with daughter in law. Claims to have some video recording but refuse to show it to parents

Advocate Kawaljit Singh Bhatia answered
if it's a senior citizen's self acquired property, the senior citizen can get his or her child and the child's spouse evicted by filing appropriate proceedings before the district magistrate under senior citizen law. the said proceedings are comparatively time saving and cost effective.

Q: Refusal to maintain wife. USA Bank Statement disclosure by court order

My husband has a US bank account, while he has disclosed his statements for his Indian bank accounts he has declared he has no other account except the one in India. If I give the account number for his USA bank account, can the courts order him to present statements for them too?

Advocate Kawaljit Singh Bhatia answered
yes. your husband is liable to give all details of his income and assets on affidavit. if he gives false information or suppresses any information which he is liable to give, court will not only direct him to disclose it, but it's a punishable offence too.

Q: Family matter and In-laws issues

1. My wife is guest teacher in MCD school and earning 35000/pm , We both have a girl child of 8yrs. Is she entitle for maintenance? 2. My parents disowned me legally and filed an application in SDM court to evict me and my wife from their house due family conflict and fight with my parents, Can they evict us from their house? 3. If husband want to live in rented house , but not wife and demand to buy new house, Is she denied in SDM court to evict parent house on this ground?

Advocate Kawaljit Singh Bhatia answered
if wife is earning and that too as a govt employee, her claim for maintenance/ alimony is diluted. if the property is in your parents' name, then of course they can evict you under senior citizen law. wife cannot demand a house in your name. a wife only has a right to rent free residence. she cannot demand that you buy it in your or her name.