Advocate Prateek Mishra

Questions Answered by Advocate Prateek Mishra

Q: PIL For Direction Section 67 of U.P. Revenue Code, 2006

I wanted to file PIL for Section 67 of U.P. Revenue Code, 2006 , SDM tahsildar seems to be currupt and not acting on case registered at tahsildar court case since 3 year . What is cost of PIL taken by advocate to file it

Advocate Prateek Mishra answered
PIL is not maintainable in cases where you personal interest in involved . There are other legal options to expedite the case. Which tehsil and district is it? Further information is needed. You may consult for full advice.

Q: Dispute between brothers regarding property

My father are 3 brothers and i am the single girl child of my parents. My father is financially challenged person as he has spent all his earnings in my studies and marriage 7 yrs before. And one of my uncle is a rich person running a company having 200 labours.. My father and uncle live in city near delhi. And my 2nd uncle live in village has kept all the ancestor's (my grandparents) property from last 40 yrs. Now as my grandparents had expired since last 6 yrs ,all property(farm and house) automatically have transferred to all the 3 brothers name.Now my father want his property as he need it...but both of my uncle don't want to give it. They say that he don't have son so either he will give all property to his girl(me) or he will sell it. I personally talked to my uncle 2 yrs before and told him that i dont want it,I dont want dispute...but all went in vain. My father really want this property..as he need it but he don't want to file case as it take lots of time and money. Plz help..

Advocate Prateek Mishra answered
Ancestral property in Village cannot be taken away from you. You can go there and take possession of your share of property, or sell it or use it in any way you like. If they create problems you can obtain court order against your uncles retraining them from interfering in your affairs.

Q: Clarification on property rights

In varanasi, we have one ancestral property which my grandfather had inherited under property partition happened in 1971 and before. That land were we also have ancestral house, is now getting re-constructed into a group housing project. I suspect that builder is not transparent is making the GH proposal, while I am not involved into this matter, and my signatures are also not required, as I stay in Noida. I need to understand my legal rights on this land, if this agreement needs to have my signatures also. I am a working professional with above 40 yrs age living in Noida.

Advocate Prateek Mishra answered
Who told you that your signatures are not required?! There are many illegal builders active in Varanasi. Immediately take some steps and assert your rights over the land otherwise you'd loose it for good.

Q: How to transfer of father's property in my name and my mother's name

My father expired last month, he had own Flat in Noida. I am the only son and parent are with me only. I have 3 sisters all are married. Mother will have family pension. please guide way forward to transfer this flat in favour of me & my monther ( jointly ) to avoid any complication. My father left registered will also in our favour. Please advise

Advocate Prateek Mishra answered
Based upon your will get a succession certificate from the civil court. It will take around 4-6 months time and some court fees and stamps will be payable. After the court affirms this to be in your name you can then proceed to get the flat mutated in your names jointly.

Q: How to distribute agricultural property in UP

I have agriculture property in u.p. which present in aabadi area. BT in document still is fasli and agriculture land..how will b distribute this..

Advocate Prateek Mishra answered
If all parties have agreed on a scheme for partition then you can do it easily out of court in the manner prescribed by Supreme Court for family settlement. You may contact any lawyer he will prepare the settlement papers for you.