Advocate Vibha A Setlur

Questions Answered by Advocate Vibha A Setlur

Q: Wife has filed mutual consent divorce and now filed 498a

Wife has filed police complaint on me and my family saying that iam asking dowry and beating her in mahila police station case saying 498a but before case she has applied for mutual divorce I have done mediation in court only divorce has to be done police are trying to get me in jails what to do

Advocate Vibha A Setlur answered
Dear Sir, This is a clear case of harassment by your wife. please inform the police that the mutual divorce case if filed in he court and there has been a mediation as well in the matter. much can be said only after seeing the mediation reports and the order sheet of the case. make it clear to them that you desire to go through the court proceedings only.

Q: What rights do I have on the property of my father

about my property we got divided from my father and i would like to know my propery rights earned by my father

Advocate Vibha A Setlur answered
sir, if you have been seperated from your father, amd if your father has an ancestral property or has purchased any property by the proceeds of his ancestral property, then you can claim for the partition of the same, by filing a suit of partition.

Q: What are the women rights after mutual consent and its process

Its been 2 yrs for marriage however we started living together and its only been 4months now with my in-laws. We married under special marriage act(register marriage). now my spouse n in-laws are forcing to convert my religion and if i dont do so my spouse is asking for Mutual consent. What should i do?

Advocate Vibha A Setlur answered
Dear Mam, husband or wife cann0t force either of them to follow their relegion.forced conversions are illegal. you can file a mental cruelity case for such an act from your husband. but if you too seek to divorce him too then mutual divorce would be an easier option.

Q: What precautions can i take if someone has my blank signed paper?

My father had signed on a blank paper for permission of opening of an account in a share trading company to cousin brother. Now we have apprehension that this might be used against me, how can i safeguard my interests.

Advocate Vibha A Setlur answered
Hi, You can file a caveat petition stating that you have signed a blank sheet of paper for an official purpose and you the fear the same can be misused. Hence in any event if the paper is used for any official purpose the same has to be notified to you. Hence you can keep yourself informed in the execution of the paper.

Q: How can I claim back share of property

My wife has one brother and a surviving mother. My brother in law, i.e. the brother says that his father has registered the property comprising four gandas and the mother and daughter have no share. The father is no more and has expired in 2012. As far as my knowledge goes the property was inherited by the father from the grandfather but has a parcha and papers in the Fathers name via a partition deed. How can myself ie the sister and mother claim back the due share of property.

Advocate Vibha A Setlur answered
Sir. Since the property is an ancestral property, your wife also has equal share in the same. Please provide more details such as when was the partition effected in the name of your father in law. Was there any will written by your father in law ??