Advocate Sachin Kumar Jain

Questions Answered by Advocate Sachin Kumar Jain

Q: Can i file for divorce on behalf of my son

My son is an Nri. We are from hindu relig.He got married to a girl residing in Delhi only on papers. However marriage certificate was issued by arya samaj sansthan. Its been one year he had been married then my son went back to Australia in the meantime we were applying for spouse visa. But due to some issues my son cancelled the visa application. Girl is l ready for divorce but I want that my son should not come nd I cud file the case on the basis of power attorney. Is it possible? Wot action I can take against Dem

Advocate Sachin Kumar Jain answered
You cannot file a divorce case on behalf of ur son. It is not possible in india. U can try from australia if this is possible fm there. Here is ur son require first and second motion. If u require more assistant than fix the time for meeting through lawrato. Than i will tell u in details.

Q: Physical and mental harassment by in laws for dowry

My marriage takes place last year in December 2014, and since after 2 months, my husband and my in law are harassing me both mentally and physically for dowry. My husband don't listen to me, he listens to his family members and whatever they say he do that. If i say some of my personal talks to him, he shares that with his whole family and abuse me in front of all. I am living like a dead in that house. They ask dowry from my parents. I just want to live away from my inlaws with my husband but they don't allow me. Once he will leave his parents and siblings, i know my marriage will work.

Advocate Sachin Kumar Jain answered
You can file a complaint in CAW cell than it will be convert to 498A, automatically but it is depend of ur case and how to u will proove ur version, therefore before filing the dowry harassment case than you should work to proove your case. Because mostly ladies file frivilous cases against husband. Therefore if u want to get more knowledge than fix the meeting time through lawrato.com. i will assist u more after meeting.

Q: How can we claim share in grandfather's property

Dear sir/ma'am, I live in Delhi, belong to a HUF. My grandfather had held our house property on his eldest son's name(I.e. my father's elder brother), we are living together here for 30 years and now we think it's the time that we should get separated but my eldest is not ready to sell this property or give any share to anybody. My father has nothing on his name, they had everything jointly. Kindly help me, I don't know what should we do in this situation.

Advocate Sachin Kumar Jain answered
Yes u can file a suit for partition, if u want to get the share in that property than you come to my office with all documents regarding this property. Hope u will get the share in that property as soon as.

Q: On what grounds can I file for divorce under Special marriage Act

Hi All, Its been a year now that I am married and I have my parents stay with me but my wife don't want to live with my parents as per her she don't like my mom and dad and she wanna stay alone and even though the kind of behaviour she have is very difficult to adjust we are at the level that we don't talk to each other and on small small things we fight she also abuse my parents some time and she want me to convert into christian as she is christian and I am Hindu. So please tell me the parameters for the filing a divorce in this situation

Advocate Sachin Kumar Jain answered
u can file a divorce on cruelty basis, it is easy due to circumstances which is written . you can record the all cruelties in cameras, cruelty is main reason for getting the divorce, if u will do the meeting than i will tell you all grounds for getting the divorce which grounds mentioned in law.

Q: How to distribute and transfer father's property after his death

sir i want to know the process /documentation ,for transfer of property which is in our fathers name(died,without will),mother is also died, in favour of we three brother and one sister(married)..and if sister want to leave her share in our(three brothers)favour ,what to do,pl advice in both the cases.

Advocate Sachin Kumar Jain answered
you can take the succession certificate from the district court and after showing that certificate to registarar than registrar office will transfer the property in your name. hardely one year will be spent in court proceedings, than you will become the owner of that property.