Advocate Rahul Pushkarna

Questions Answered by Advocate Rahul Pushkarna

Q: Dispute over Ancestral Land and Property

Hi I was wondering whether you could give some advice. My grandfather died over 40 years ago leaving 4 sons and 1 daughter. My father was the oldest child. My uncle (dads brother) died a few years ago and his son (my cousin) has been in a legal battle with my father over ancestral rights towards my grandfather's land and property. He recently padlocked one of the property's (where my father stayed on his visits to India from UK) and my father filed a case against my cousin. A few days ago a judge decided the case in the favour of my cousin! I am not sure how this could happen as the property should remain shared until such a time it is split. Are you able to help?

Advocate Rahul Pushkarna answered
Dear sir i have gone through your query. In order to give proper advise and appropriate course of action i need all the documents in your possession and legal case file so that i can provide proper response.however after going through your query,i think you are having good case and there are chances of winning.

Q: Brother named mother in will can wife claim that property

We are 3 son.. And our granfather give us property (pushtainiy) equaly devided..and my 1 brother died in 2002 due to serious decease.. But before his death he make will and gave back that property on my mother name..now 22june 2016my father died. And now my dead bother's wife and his childrens claiming that property back from my mother which my died brother gave to my mother.... So plz advice me that she (wife of dead brother) can claim????? She also claiming amount of 6500000 intead of that property... Advise me

Advocate Rahul Pushkarna answered
Hi I have gone through your query and as per your version your brother bequestherd his property in favour of your mother by 'Will' and in case the said 'Will' is duly executed then you can transfer share of your brother in favour of your mother and wife of your deceased brother cannot claim share in the said property.

Q: After father's death can I claim my father property

hello sir/mam Actually mere mom and dad ka divorce hua tha aj se 21 saal pehle . unke divorce ke baad meri mom ne second marriage kr li or meri custody mom ko mili.divorce ke 5-6 saal baad mere dad ki death ho gyi.ab main 23 saal ki hu . main apne dad ki property lena cahti hu for bussiness or my marriage . abhi sari property meri grand ma ke naam pe hai to kya mere dad ki property pe mere rights hai.

Advocate Rahul Pushkarna answered
Yes you can claim right on the property of your deceased father. You have to file civil suit for claiming your share.even after divorce of your mother with your father.you can approach civil court of competent jurisdiction where the property is situated.

Q: Company under BIFR and cheque bounce case filed any relief from HC

We are private limited company. We under BIFR right now i.e Board of Industrial and Financial Reconstruction. We have given out to some cheque to some people which bounced and now they have filed cheque bounce case against us. Since we are under BIFR right now can we get any relief from High Court?

Advocate Rahul Pushkarna answered
Dear sir,you can file writ petition before hon'ble high court by declaring yourself as insolvent or you can file suit before district and sessions judge for the same.there are other remedies also under quashing of complaints before

Q: Need freedom to be have equal opportunity and not be a housewife

I'm 21 years old female.My parents are big time egoists, who think I am some sort of their property. They try to manipulate me, play mind games and try to persuade me in everything they want. That starts from what I should wear to when I should sleep. My father is a control freak, to an extend he has a joint account for salary with my mother. I am grounded, not allowed to pursue masters, even when I am ready to work on my own and provide a decent living for myself. I want to emancipate myself. They have threatened me for life. They want to get rid of me by marrying me. Have taken my phone.

Advocate Rahul Pushkarna answered
Dear madam, you can file case under maintenance and wards act from your parents and can also seek injunction against your parents from not interfering in your life.There are more remedies available to you.