Advocate Kunal Madan

Questions Answered by Advocate Kunal Madan

Q: marriage registration not done still want divorce

couple is married as a hindu rituals, but never registered in court. They have only lived together for 8 months. Due to conflict, now they live separately. It has been 4 year now since separation. Can that marriage be canceled or voided? Is that marriage still active? Can one of them move forward and marry again (to 3rd person)? How does the court looks at? What steps would clear and how long could it take?

Advocate Kunal Madan answered
Dear sir, The marriage is still active and can not be made void however you can go for divorce under hindu marriage act, No one can marry unless you both obtain divorce from court and it would be punishable offence . Divorce proceedings may take from 2 -3 years of time

Q: Husband already married and has children do I have any legal rights

 mere husband ne 1 shadi pahle hi kar rakhi h family ki marji se aur mujse mandir mei ki shadi unka divorse n hua mere 1 beti h .7 saal se hum sath h .mera koi adhikar h ya nai

Advocate Kunal Madan answered
YesIt means he has committed an offence of biagamy and liable for punishment and you can also go in for beach of trust cheating and rape ChargesWe need to know the complete deals to proceed furtherYou can meet us for first free consultation

Q: Can appeal be made in HC if district court gave decision

We had land disputes with x party and police filed FIR against x party.its States v/s x party.Case was in district court from last 2yr and now x party not found Guilty.Judge give them a clean chit.In this stage can we appeal against this decision in higher court???

Advocate Kunal Madan answered
Yes you can file The Appeal however you have given very limited case therefore limited opinion can be given you are for the requested to please share the details and unless which section order has been passed

Q: Daughters legal right in fathers share who deceased prior to 2005

I am only daughter of my father and my parents has died before 2005.Can I claim legally for my father 's property (land) ? Property is on my grand fathers name and till now not yet divided .My cousin brother are dividing property now.Legally they can claim my father's share as well or I Have legal right to claim for my father share?

Advocate Kunal Madan answered
Yes dearYou do have a legal right on the propertyIf you are talking about amendment in the succession act is retrospective in natureSo you can claim the rights along with your brother that to in equal proportionTake care

Q: Can child claim the property of grandfather if father died

Dear Sir My Sister's husband passed away in Oct.2016 in hospital. She have a baby boy of 3 years. In her husband house, only her father in law. Her mother in law is passes away some years ago. Now she has two married Sister in laws. One living in Delhi and another in Ranchi. My Sister's don't want with living in her father in law. Her father in law having a property, which cost approx 80 lakhs. I want to know the right of her baby boy to secure their future.

Advocate Kunal Madan answered
DearIf it is self acquired property of father in law then it would be disposed as as per the wishes of the Father in law further if the father-in-law required the property from his father than this Property would be treated as an ancestral property where she can claim her rightsFor any further query please feel free to contact us