Advocate Prerna Jain

Questions Answered by Advocate Prerna Jain

Q: shop registered at name of father and his brother how to get portion

Dear sir, My father are 4 brothers(hindu), they have a shop registered at name of all 4 of them(equally).my fathers family want to move to some other city, but my uncles are not releasing the money of his part. So can we go legally and ask for the one fourth portion in shop so we can sell/rent it out.

Advocate Prerna Jain answered
yes you can file a partition suit to get your undivided share in shop and recover either in terms of money or rented portionyou can also ask for stay on the property until the decision of division comes so that no one uses this property even a court receiver can be appointed

Q: I have a query pertaining to the sale of ancestral property

We are Roman Catholics. I live in a house which has 2 levels. Ground floor and first floor with terrace. The house is in my grandfather's name. The ground floor is occupied (which is locked) by my aunt (father's brothers wife) her husband n son have passed away. She wants to sell of the ground floor. Can she sell her share without the consent of my father or without changing the name on the property which is still on my grandfather's name? Can she also rent it out without my father's consent?

Advocate Prerna Jain answered
She can rent the portion which is in her possession as she do not have earning member left in her familyhowever she cannot sell without the written consent of your father as he also holds the undivided share in the ancestral property

Q: Tenent made fake Aadhar using my address how to proceed now

Hello, My previous tenants made Aadhaar cards using my address as their permanent address. They have left and disconnect their mobile number also. What step should I take to be safe against anything wrong they do with their new Aadhaar card?

Advocate Prerna Jain answered
you may write an application to UID department stating this situation for record and keep the receipt of post as acknowledgment.so that if in future any of such incident happens you may show the receipt as you have done your work as citizen by bringing the rightful information to the knowledge of department.

Q: Notice issued from passport office to inquire about the police case

I have received a show cause notice from passport office due to pending police case. The charge sheet of police case is not yet submitted in court. Please suggest me what should i have to do?'

Advocate Prerna Jain answered
You have to write an application stating the case details and pending charge sheet to the passport office.As police verification is mandatory for passporta similar kind of application can also be submitted in court seeking directions for passport office but i don't think court will direct until you show the court urgency to get a passport which may damage your case.its better to wait till the chargesheet is filed

Q: Driving liscence authority not renew learning liscence without car

I am holding learning licence and it's expire on 21 aug. 2017. I am physical challenge. When I vent to rot office they say you buy first car and give us car no. How can I resolve this issue?

Advocate Prerna Jain answered
If you want to renew your licence please go to the online site of saarthi and get your licence renewedthere are various agents available who can get your licence renewedBuying a car for driving is not mandatory as per law