Advocate Nitin Sangwann

Questions Answered by Advocate Nitin Sangwann

Q: Can wife claim in fathers property after divorce

I want divorce as my wife dont love me or fighting with me or my mother has some very high health problems also she is a handicaped or heart patient she is hypo thyroide and stone or tb problems sice last 5 years even she cant walk without a waker or my wife slaped my mom and fighting witb ber while mh mother never interfare between me n my wife now my wife told me that she want her half part in all properties while i dont have on my own name as the house where we live is the name of my motbwr and hard earn by my father so what is the best advice for me what to do or how the law can help me ?

Advocate Nitin Sangwann answered
No she can claim share from the property of your father but yes she can claim share from your property which is in your name and if you don't want live with her file a divorce case against your wife. Your only can claim a share from your property not from your father's property or mother

Q: Can anyone sell ancestral property

Can anyone sell an ancestral property if their name is there on taxation by nagar Nigam? Out of 3 brothers, only 2 brother's name is there on the list and 1 brother is neglected. It is an ancestral property so the neglected brother will go to civil court but in mean while can the 2 brothers sell the property?? What can the neglected brother do to stop his brothers from selling the property??

Advocate Nitin Sangwann answered
File a suit Order 39 rule 1 & 2 in civil court against those 2 brother and take a stay on the sale proceeedings of the said property from the court and in the mean claim for the share in the property.

Q: Received plot by mother as gift can my sister challenge it

If A woman became member of a house building co-op society in 1968 and allotted a plot of 187 sq yds in 1981 which was gifted to daughter in 1984 who constructed a house in 1990 thereupon and staying till date and has got it converted into freehold about 20 years back. Can another daughter challenge A's membership on the ground that his father (A's husband )owned a house in 1968 in Shahdara, which was not disclosed

Advocate Nitin Sangwann answered
When got free hold that property then No she can't claim a share in that property or can not challenge the membership and after duration of this much time she can't challenge your membership in any manner.

Q: Harassment by in laws what action can I take

I am a married female from last 1.4 Yrs and my mother in law abuse and tortures me mentally a lot and she tries me and my husband to get against of each other. they have not told us before marriage that she is a step mother of my husband his real mother commit suicide because of mental torture. But they are financially very sound so they gave the money and the case went off. My husband is innocent he never said anything to me but he also never took a strong step for me. so can i file case against my inlaws but not my husband. I am little afraid as they are financially very sound and can bribe

Advocate Nitin Sangwann answered
First file complaint with your police station and if they don't take any effective step in the matter. Then you can file DV ( domestic violence ) case against your in-laws in competent court and you can file case against your in-laws only by excluding your husband from it.

Q: Wife rejects my conjugal rights and also rights upon my daughter

Wife mostly staying with her parents leaving me alone. Her parents support her as she is working. After 5 months of birth of my daughter, she came to my parental home for 5 days. There she told that I am not the father of the child nor I have any rights upon the baby & left the house. Irrespective of my requests, she is not coming. Rather she filed a complaint at PS & by this forced me to sign an agreement that I have to live near her parents house which is 35 kms away from my work place. Now where I am staying is nearer to both of our work place, still she is not coming. Please guide me ..

Advocate Nitin Sangwann answered
Sir First you safe guard yourself by filing a complaint against your wife in concern Police Station that she is not coming to live with you after signing an agreement by stating all the facts best to your knowledge and subsequently file a section 9 petition HMA