Advocate Naresh Madan

Questions Answered by Advocate Naresh Madan

Q: We were two brothers. My elder brother's wife lived seperately with her son. My father, mother my br

We were two brothers. My elder brother's wife lived seperately with her son. My father, mother my brother and me lived together. The house is in my brother and my name equally. Brother passed away in 2018. Mother passed away in 2021. Now father also passed away without any will. What are the rights in property of my brother wife and her son.

Advocate Naresh Madan answered
since property is in joint name, you and your brother had equal rights in it. since your brother has passed away, his share devolves on his wife and son. that is, in the said property, your brother had 50% share. Now in that 50 percent share, 25 percent is that of his wife and 25 percent is that of his son

Q: other state person not returning my money

i have given to someone payment online transfer but after 2 years he is not returning my money daily make excuse

Advocate Naresh Madan answered
you can file a recovery suit. Can you please tell why did you transfer the money? was it a loan? is the person known to you? do you have any email or WhatsApp communication demanding back your money? or any call recordings? a cause of action can be pleaded to have accrued at place of your residence since money was transferred on line.

Q: 1 father (A) was there, he had 3 sons (B,C,D).After death of father (A) property transferred to all

1 father (A) was there, he had 3 sons (B,C,D).After death of father (A) property transferred to all three sons (B,C,D). Later on 2 sons (C,D). got married and one son (B) died un married. The died son B property transferred to rest of 2 sons C,D. nNow son (C)had 2 children E&F. After death of father (C) property got transferred to His wife, His son E and his daughter F. Later on His wife died and property got transferred to her son E and Her daughter F. Later on Her daughter F transferred her share to her brother E (Daughter is alive). Later on the Son E transferred his whole property to his wife via decree. And later on wife sold whole property for living and marriage of their 5 sons and daughter. Now out of five children's two children to filed civil suit on her mother by putting alligations that the property sold by her was anenstral property and they had their share in that by birth and they made neccessary parties to all buyer of land in civil suit. Now what will happen.

Advocate Naresh Madan answered
once father died and property devolved in his sons B,C and D, then it no more remains ancestral property and suit is not maintainable on such ground . for more details, detailed advice can be given through advocate which you might hire.

Q: Cooperative Housing Society is not handover the maintinance account

There is a co-operative housing society registered under Society in Delhi and has developed 3 projects in Haryana. They have not yet received the OC for one of those projects. and doing maintenance from last 2 years now rwa is registered by residents and they are requesting them to hand over all maintenance account to rwa to maintain society but they refused to hand over maintenance account to rwa . what can we do ?

Advocate Naresh Madan answered
First make a complaint to registrar of societies. if problem is not solved, file a case seeking details of accounts and other reliefs which you think you deserve. Make the builder also a party in the case.

Q: Legal Validity Of Mou In Future

If any mou is signed on which it is written that dowry neither taken nor demanded can it debbared to file cases again in future if dispute arises again

Advocate Naresh Madan answered
No. MOU cannot debar legal proceedings though it can be used as a proof that no dowry was taken. Moreover, allegations of demand made after MOU can also be levelled apart from allegations of mental and physical cruelty.