Advocate Sumit Sarna

Questions Answered by Advocate Sumit Sarna

Q: In which provision can an absconder get anticipatory bail

I want to know, Is there is any provision in which absconder get anticipatory bail ?

Advocate Sumit Sarna answered
438 Cr.P.C. About the chances of getting anticipatory we need to discuss further for which you may approach our office.Anticipatory bail provision is only in Section 438 Cr.P.C. so the need is urgent

Q: Father selling property without telling me

There is a property which was purchased by my grand father. After his death it came to my father. Now he is selling the property without telling me. I am his married daughter. How can I stop him. Can I claim share in this property.

Advocate Sumit Sarna answered
Surely you can claim your share in the property. Before that we need to know few more facts like in whose name the property is registered, when it was purchased, who spent money for purchasing it and so on. Please therefore fix up meeting for final opinion

Q: Can father give his ancestral property through will to his daughter?

Can my father in law make a will of his ancestral property in his married dtr's name

Advocate Sumit Sarna answered
Only to the extent of his share in ancestral property and not for the entire property.However, if other co-owners relinquishes their shares in the ancestral property in favour of your father in law, your father in law became exclusive owner of the said property and in that manner he can make will for the entire ancestral property.

Q: Can i send eviction notice to daughter in law if i have property POA

My son is living on a separate place but still my daughter in law don't want to live with him, she used to harassed us mentally and physically for property and money. She attacked my wife, facture her in 2014, we file a case of 323, 325 against her, due to threaten we both me and my wife living on rent on separate place since 2014, she captured the whole flat alone. I am the special power attorney holder of that flat. Flat is in faridabad ( haryana), i buy this flat in 2008 and special power attorney of that flat is from jalandar punjab. Can i file a eviction suit against my daughter in law on the basis of special power of attorney or i need to do registry to show that i am the owner of that flat.

Advocate Sumit Sarna answered
Yes. Apart from filing suit for possession you also have right under Maintenance & Welfare of Senior Citizens and Parents Act to get possession of your property back from your daughter-in-law. We need to see whether you have General Power of Attorney along with Agreement to Sell and Will or only Special Power of Attorney. You may please contact our office to take immediate action. We are also handling cases in Faridabad therefore only regular visit to our office is not required.

Q: How to prove a property as Benami

Please suggest if the property has been bought in 1973 on someone else's name and that person has given an affidavit as he is further gifting the property at Re. 1, so this can be proved as benami property now

Advocate Sumit Sarna answered
We need to collect payment details at the time of purchase of property in 1973. Relationship of the person in whose name the property purchased by the person who paid the purchase amount. Financial capacity of the person in whose name property was purchased. Who was using the property since the date of purchase e.g. if it was rented who was landlord and who was getting rent etc.