Advocate Sagar Sharma

Questions Answered by Advocate Sagar Sharma

Q: Can a husband claim any right over wife's property

Wife : 70 years, Husband 78 years, daughter 50 years, Son 46 years Religion: Hindu Couple married and resided in Delhi. Husband left wife in 1985. Financial help provided by husband intermittently for childrens' education and marriage. No regular financial help to wife since separation. Wife completely dependent on children since 1998. Wife moved out of Delhi in 2006. A failed attempt at divorce by mutual consent in 2012. Husband unwilling to give consent, despite no financial demands. by the family. Questions: 1 In the event of the death of the wife, can the husband (who is still legally married to her) lay claim on bank accounts and property owned by the wife, jointly with her children? 2. Considering the age and poor health of the wife, is it worth pursuing a divorce at this stage? She is not in good physical condition to travel and appear for court hearings.

Advocate Sagar Sharma answered
Hello,If a women who has died intestate the property of her will devolve on legal heir of first class i.e., daughters, sons and Husband.In your Case the mother is still alive, so you can go for a will and register it clearly mentioning her wishes and distributing the property.

Q: Can police detain someone without notice

can police forciablly call/take someone to police station without notice

Advocate Sagar Sharma answered
Hello,Police can have you in their custody without actually arresting you. Police custody is defined as wherein you cannot leave the police premises with your free will and you are deprived of your personal freedom.If you are detained in police custody such as in case of serious offence without any charged offence, the police cannot detain you more than 24 hours. The police must also release you if they dont have sufficient evidence to charge you.

Q: NGO student use my ladder, please advise what can be done ?

I have a steel ladder build on drain and  ngo students use it. SDM has asked to take ladder out then how government can help me as govt is supporting ngo.

Advocate Sagar Sharma answered
""I have a steel ladder build on drain and ngo students use it. SDM has asked to take ladder out then how government can help me as govt is supporting ngo.'""Sir,This extract of your story doesn't clear any facts,on which no one can provide you with suitable advice.Kindly share complete and suitable details.

Q: How to obtain the child custody paper

What is child custody paper? I need this paper for some official work.. I'm divorced and our daughter has joint custody of both the parents Where do I get this so called custody paper/ document? I'm out of Delhi so my phone is off. Kindly contact through e.mail Regards Sheetal

Advocate Sagar Sharma answered
As per your query stated, the facts are not clearly mentioned. If you are divorced then, at the time of your divorce decree was passed, every issue regarding custody of child would have been discussed and accordingly child custody papers would have been handed over to you or your husband.If not, then it has to be applied. For further details, please contact.

Q: Accepting possession before court judgement will effect compensatio

Hi , I have filed a case against jaypee builder for delayed penalty in ndrc under 12-1c , can I accept possession of flat from builder before the verdict of court ? Will I loose my compensation in case I accept the flat possession or builder himself will not give me flat possession till court verdict is out ?

Advocate Sagar Sharma answered
As per your prayer made by you in your complaint against Jaypee Builder , you can amicably settle the matter and can make written settlement agreement in which you can expressely mention each terms and conditions regarding your claim, so that, the written settlement agreement done outside court can be presented in Hon'ble court and after that you can withdraw your case jointly with other complainanat's.