Advocate Rahul Jain

Questions Answered by Advocate Rahul Jain

Q: Process of rejection of petitioner appeal in SC & how to file caveat?

hello I need your advice upon a case relating to “Distribution of LAND”. Decree has been passed from Lucknow High Court that the LAND is to be distributed equally. The Petitioner wants to file an appeal in Supreme Court. So, if you can please guide me on the process or procedure so that Petitioner’s appeal shall be rejected by the Supreme Court. Or any other way; And, How to file a CAVEAT IN SUPREME COURT and its Fees?

Advocate Rahul Jain answered
You can file a Caveat before the Supreme Court. Filing of Caveat does not ensure that the SLP would be dismissed, however it gives you an opportunity to present your case and also ensures that no ex-parts order is passed . Regarding the costs, we can discuss it, should you wish to continue with the filing. Typically it is 20000 which includes one hearing on the date of admission.

Q: Not able to build boundary on my land as khatuni records not clear.

I want to boundary my land but I m not getting proper paper from court ...I tried to check khatuni but it is too old there is no name of my grand father and father ...I got a name (baqir Hussain) who was the owner of land while my grand father name asgar Hussain...everybody knows that land is mine...but I Dont have update khatuni ...what should I do...reply

Advocate Rahul Jain answered
You can file an application under the relevant Land Revenue Code for demarcation of the property. Typically for such demarcation you would require the property papers such as original sale deed. In case this is an ancestral property, you would require a heirship certificate from the Court.

Q: Bought property through POA but owner expired before Benama

I have purchased a property on the basis of power of attorney which was given to his son by the landlord who has single son and single daughter but after 3 year we heard that the original landlord (power of attorney ex. ) has expired before BENAMA ,now what we do ?

Advocate Rahul Jain answered
I assume you have entered into an agreement for sale and prior to execution of sale deed the owner has expired. The remedy available to you under law is specific performance with direction to the heirs of the owners to execute the sale deed.

Q: Legal rights of married daughter in ancestral property

I'm a married woman.what is my legal right in my father's property which he got from my grandfather's{Dadajee and Nanajee}. My mother and elder brother have died. Can my father transfer ancestral property to my nephews directly without my opinion?

Advocate Rahul Jain answered
Your nephews ( I suppose your brothers children) do have a right in the ancestral property to the extent of their fathers share i.e. your brothers share. Your father cannot transfer your share of the ancestral property. Furthermore, your father cannot transfer the property by way of a will since, the same is not self acquired and is ancestral. You have a right in the ancestral property and the same cannot be transferred without your opinion. If the same has been done, I suggest you file a suit for parition. This is my opinion and it does not amount to solicitation.

Q: Sister passed away and her in laws have gold can we recover it legally

My sister, brother in law and nephew passed away in the kedarnath disaster. it happened 2 years back and my sister's in laws got 5 lac compensation from the government. There was a lot gold gifted at the time of marriage. I want to know can we in any manner recover the gold from the in laws?

Advocate Rahul Jain answered
The Gold gifted at time of marriage being Stridhan, is the absolute Property of your sister and after her death and death of her son, the mother and father of your sister are her legal heirs and can claim any such Property, which was owned by your sister including the gold. If the parents of your sister are not alive, in such circumstances, you as a brother can claim.