Advocate Vanshdeep Dalmia

Questions Answered by Advocate Vanshdeep Dalmia

Q: Procedure of Partition on joint property(vacant land)

Hi, I am a separated female & got married according to Hindu marriage . I have a property with joint ownership of 50-50 with my husband. He is not giving me the money of half share nor is he giving me half portion of the land on papers though I am the joint owner. I want to file a partition suit . Can you pls confirm about the court fee. I got to know that court fee is 8% of my share of property. But we both are not living on the land and its vacant through its in our possession on papers. I just want my share of 50% . Pls guide.

Advocate Vanshdeep Dalmia answered
Since both you are your husband is in possession, you do not need to pay any court fee whatsoever along with the Suit for Partition. Even if he was in possession, and there is no ouster, you would not have to pay court fee.Feel free to contact for detailed advise.

Q: Removal of co owner share on the basis of not obeying mutual agreement

(i) One house in joint three brothers (X, Y and Z) name. However, the entire cost of purchase of land was paid by two brothers (X and Y) only and a joint bank loan. The registry deed does not mention on ownership of each brother. (ii) An agreement was executed dividing the house in three-part floor wise and roof on the joint basis. Although Z never obeyed the same and did not pay the bank loan although it is mandated in a written agreement. (iii) X and Y paid the bank loan through negotiation as the bank intend to sell the house. (iv) At the same time, Z became violent and three criminal cases are lodged against him and his wife. (v) Can we acquire their share and if yes under which rule.

Advocate Vanshdeep Dalmia answered
In my opinion, the law allows you to file a Suit against your brother and recover the amount that he was supposed to pay towards bank loan. Regarding the sale deed, i do not understand what you mean by saying that ' it does not mention the ownership of each brother'. If you mean percentage wise then by default it is 1/3rd. If his (Z) name is not mentioned then he is not an owner atol and you could simply file for eviction. Kindly feel free to contact me in person for detailed advise and understanding.

Q: Divorce Petition Dismissed under section 14 of Hindu Marriage Act

Greetings, My friend's (Groom) marriage didn't sustain for long. Due to personal differences his wife left him within 2-3 months of their marriage. He filed for a divorce but his petition got dismissed under section 14 of the Hindu Marriage Act. It's been more than 4 years since his petition got dismissed. His wife got a decree in her favor for Restitution of conjugal right. Though she is not living with him since the time she left him. Can he again file for divorce?

Advocate Vanshdeep Dalmia answered
In my considered opinion, your friend can file for divorce again. It must have dismissed earlier due to non-completion of the mandatory period of one year of marriage before filing for divorce. Since already 4 yrs have elapsed, the said prohibition is removed. Your friend could feel free to contact me for detailed understanding, legal process, nature of proceedings and any other questions that he may have.

Q: Pharmaceutical trademark violation case against me(Director) & my co.

A case is been filed against me and my co. in Delhi high court last year in February by an Irish Pharma company. The plaintiff has filed it against three defendants, me as an individual ,my company and an unknown company (which they say we are associated). Multiple mediation has taken place meanwhile. We denied any connection with no.3 defendant. Product name Harvobay which is advertised by defendent no.3 violates the trademark act for the plaintiff's product "Harvoni". We have no connection with defendant no.3 , hence we plea to dismiss any charges against us. However plaintiff wants to prove the connection based on the fake website information and notification , where our company landline nos been mentioned. We want to have this case transfer to Bombay high court as we can defend it well here, compare to Delhi high court, since not able to co-operate with our Delhi Lawyer.

Advocate Vanshdeep Dalmia answered
Your remedy is to file a transfer petition before the Supreme court .. only the SC can transfer a case from one high court to another. The other remedy you can pursue is to get the directors of the def no 3 company impleaded who would clarify that you have nothing to do with the def no 3 .

Q: What is my right in my grandfathers property if my father is dead

I am a Hindu. The property in question is in the name of my Grandfather. My father had one younger brother (Chacha ) and two sisters (bua). After my grandfathers's death both the sisters had signed a relinquishment deed for the property equally in the name of both the brothers. Now my father, my Chacha and one of the sisters is no more. I live with my family on the ground floor and my chacha's family has occupied the 1st and the 2nd floor. All family discussions have failed and my bua's family also indirectly support my chacha;s family. Please advise how can I get equal 50% share of the property between me and my chacha's family.

Advocate Vanshdeep Dalmia answered
As you have said our buas have already relinquished their shares in favour of both the brother , you and yor chacha's family must have equal share . Even otherwise you have a 50% however to ascertain the same i would require date of death of your father and grandfather and the nature of the property whether it was ancestral or self acquired property of your grandfather . Remedy is to file a suit for partition claiming your 50% Plz feel free to contact me for detailed advise.