Advocate Nishant Kumar Sinha

Questions Answered by Advocate Nishant Kumar Sinha

Q: Does younger brother have rights in elder brothers property

Bade bhaivki personal property me chhote bhai ka hissa hoga?

Advocate Nishant Kumar Sinha answered
Not at all but if the younger brother succeeded to prove that the property purchased by the elder brother from the joint family earnings then he can get share in his property the burden of proof upon his younger brother

Q: Did not appeal within the time given by the Court, what can be done?

SIR I WANT TO KNOW ABOUT APPEAL IN DISTRICT COURT AS THIS CASE ORDER PRILIMINARY DECREE PSSED ON JUN 2016 .AND THIER DEFENDENTS LIVE OUTSIDE FROM THE STATE WHRE CASE WAS REGISTRD DUE TO SOME HEALTH ISSUE AND ALSO JOB ISSUE THEY DIDNT APEL ON THE GIVEN TIME FRAME BY THE COURT .THEY WANT TO KNOW HOW CAN THEY GO IN APPEAL NOW .THIS IS A CIVIL CASE TITLE PARTITION SUIT

Advocate Nishant Kumar Sinha answered
You can file appeal alongwith limitation petition and if court satisfied by your submission that you have not deliberately make delay then the court may condone the delay and allow you to proceed with the appeal

Q: Dispute in family for property division, how to claim and divide share

There is a house in which we live and my Uncles too, there are shops at the ground floor. Two uncles have acquired most of the area(rooms) house and shop too as my grandmother support them. My father who is eldest and struggled almost till 60 years of age to make them agree for partition but now he and his sons are deciding to go to court for this matter. My question is, Do court seal these type of disputed property until the partition result is declared by the court?

Advocate Nishant Kumar Sinha answered
No court can not seal the permises however if shops and flat are on rent couet may appoint receiver for the same or inrelief you should claim for mense profit and after result of the suit the share of yhe individual deteemimed

Q: Can i giver POA to my mother

Dear sir Can I give power of attorney to my mother for legal battle ?? Please suggest me

Advocate Nishant Kumar Sinha answered
Yes why not you can give power of attorney to your mother for legal battle but there is some exceptions in criminal matters otherwise for others you can give power of attorney to your mother for legal battle

Q: Need information regarding partition suit

My grandfather died in 1960, and made an oral partition between his two sons before his death. Before the enforcement of oral partition, my father (his younger son) died leaving behind his wife and 3 children. Immediately after the death of my father, his elder brother refused to part way his share in the ancestral property. He claimed that since the largest chunk of land was on his name through patta hence there is no share of his younger on that. I have following questions; 1) is oral partition valid? Since I do not have any proof of the same. 2) My father's elder brother was only 7 years of age when he got patta land on his name. Being a minor is that possible? 3) Does my father has an equal share in patta lan 4) I have filled for a partition suit in a court of law. During the pendency of judgement, my grandmother made a gift of deed in favor of my cousins. Is it valid? 5) Can I make a request refraining defendants from making further gift of deed and sale of land Regards Manoj

Advocate Nishant Kumar Sinha answered
You can file an appeal against ex partee judgement and decree it can be filed if you have not received proper notice from otjer side you have to prove that you are not aware with the same and the present order is passed without hearing your side