Advocate Mukesh Kumar Mishra

Questions Answered by Advocate Mukesh Kumar Mishra

Q: Can a son claim share in grandfathers property after fathers death

sir dada jii ke 2 bhai nahi dada jii 3 bete hai pr ab 2 hai mere papa ki tho death ho gai hai tho vo mere taau jii hai or vo khe rahe hai ki tumhara koi share nhi hai dada ji ki property me khte hai ki tumhare papa tho nhi rhae islie tum rights khoo chuke hoo???

Advocate Mukesh Kumar Mishra answered
आपके पिताजी के मृत्यु से आपके पैतृक सम्पत्ति पर आपका हक़ कम नहीं होता। आपका अधिकार पुरख़ों के सम्पत्ति में उतना हीं है जितना कि आपके हिस्सेदारी में भागीदारों की संख्या के अनुसार आना चाहिए । बाक़ी आप आसपास किसी जानकार वक़ील से पूरे तथ्य के साथ सम्पर्क करें ।

Q: Brother buys a property, can rest of the brothers claim a share in it

Sir middle brothers leave the village &go to another place and earning money &buy some land for his own name .then another younger &elder brother can claim for this land share . is it acceptable or not? after that, this middle brother can claim for his share on his fathers property .can he got his share from his fathers property or not?

Advocate Mukesh Kumar Mishra answered
In case of share in the land bought by a brother claims of other brothers depends upon circumstances so u have to consult a good property lawyer in your city with full documents and explanation of circumstances u r in ..Secondly, the person who bought the land can claim a share in ancestral properties as he is a coparcener ..

Q: False domestic violence case against family filed by wife

I have filed a divorce against my wife in family court. After few month she filed a false domestic violence and dowry case against me and my family.In holi she went to her parents home and never came back.she blamed us that we beated her badly and threw her from the house. Now she is blaming us for domestic violence.She dont want to live with me bcoz her younger brother is handicapped and she wants to live with her.She has demanded a maintenance of Rs 200000 and monthly Rs 25000. Also she is claiming Rs 3000000 for dowry which is wrong.She is also demanding house compensation. What to do. I have filed case first in family court and after that she filed this domestic violence case . What to do pls help me

Advocate Mukesh Kumar Mishra answered
From the information you have given it is clear that she has filed a case under domestic violence act (DV act) and criminal case under IPC 498A after u filed petition for divorce.. Under DV act she can file application for protection, residence and compensation only so don't be fearful of being arrested.. In criminal case under 498A police will make preliminary inquiry then only it can arrest you .. meanwhile you can file application for anticipatory bail.. about demand for maintenance and compensation I need further details as advice can not be given based on what u have said.. u need to consult a lawyer with all documents etc..

Q: How can a flat of in-laws of my brother be transferred in my name

how can a flat of in-laws of my brother be transferred in my name with minimum tax outgo and legally

Advocate Mukesh Kumar Mishra answered
There are multiple ways to do so to save the tax on such transfer :1. If the property is gifted directly to you by them at the time of your marriage it will not any tax other than stamp duty for registration of gift deed.2. Let it be gifted to your sister in law after that she can gift you that property so that no income tax is charged.3. Through will but it is like long term thing with many uncertainties like change of will during life time of testator...4. Through Sale purchase agreement but it will incur some tax in the form of income tax. Many other options are there but it depends upon particulars of your case in detail.. thank you

Q: Can wife sell a property which is bought by husband on her name

I registered land in my wife name year 1997.she is house wife no income.she can sell the land without my knolge. The documents is with het.

Advocate Mukesh Kumar Mishra answered
Yes she can but you can file a suit to declare such sale deed if you can. But you have to show that you have given the all considerations for the purchase and your wife has contributed nothing as she didn't had any source of income at the time of purchase of land or she anyway hadn't given a penny for the purpose.. for the person who has bought property in the name of his wife or daughter it is more crucial to show that that a person to succeed in a suit for establishment of his title in respect of a property purchased by him with his own funds in the name of his wife or unmarried daughter, he should prove that the purchase was not made for the benefit of the wife or unmarried daughter, as the case may be, on the other hand, it was purchased for his own benefits.For more detailed advice you may contact me.. thank you