Advocate Vishva Handa

Questions Answered by Advocate Vishva Handa

Q: Grandmother asking us to leave the house what are our rights?

We are 5 members, my mother and 3 sibling. We are living in a house which is on my grand mothers name in that there are 2 partitions in one part my family is living and in other part my grandmother and my uncle with his wife and son are living.Also we have a plot which was on my grand fathers name for which there are property disputes in us. My father passed away 5 years back and we don't have any property on our name.Also my father have 7 sisters and 1 brother.Now my uncle and grand mother are telling us to leave the house also not giving any share in property.Will we get any share in propert

Advocate Vishva Handa answered
Since property is in her name, she is the legal owner, she may or may not allow to stay.but as succession law after her death, in the absence of will or as per will the property will be passed will pass to heirs. That will be time to determine who gets what.

Q: Can I take any legal action against a girl who promised me to marry

Matter is like we were in relationship from last 4years and that time she was in college, we started our relationship and whatever she was willing in last four years i have given hernow i am in dubai basically i am from mumbai, from money to any help now suddenly when she started earning couple of months back she is telling me i want to leave you as she don't see future can i take legal action for this case

Advocate Vishva Handa answered
What is the proof of your relationship. What relationship you had, do . you mean physical relationship.Do not assume that having sexuall relation means contract to marry.understand if a legal relation did not exist, where is question of breach of contractual relationship. No legal action even if you paid some amount to your so called partner.don't get worked up, you actually have no case at all. At least on the basis of facts furnished by you.

Q: Married daughter share and rights in the pagdi house over the property

What are the rights of a married daughter in a pagdi house?Father has been staying since 1962 in mumbai and e pired 4 months back, he made no will.has 3 childrens, one daughter and two sons. Both the sons are staying in that house. I would like to know whether a daughter has equal right in pagdi house even though she has not been staying there since married. As per her brother she has no share in that house and wants an NOC from her stating that she is giving up all rights.She wants her share cz if the landlord gives up the ownership then the property will be divided between both the brothers.

Advocate Vishva Handa answered
legal provision is all children have equal right.provided married sister releases her share. no one can force her to give up her right.it is purely her wish if want or do not want to give up her right.

Q: How to buy a property whose owner is not alive?

Dear All, I want to buy a house whose owner is no more alive and the house has outstanding loan on it. Only family member left are owner's wife, a son and a daughter. They want to sell the property in order to fulfill there financial needs and to close the loan as they do not have money to complete the loan. What is the way to buy this kind of property.

Advocate Vishva Handa answered
1. loan is to be paid and property papers released.2. Transfer property to family members as per succession laws applicable3. buy the property.it can be a long drawn process, provided everything goes smoothly. any blocking by any of the family members can spoil the deal

Q: Continuous harassment mental torture by wife and her family

I am married and working in a PSU . My wife and her family members continuously harassing me and they always try to extract money from me and trying to torture me mentally .I have a very disturbed family life. I have two children . Please suggest me any legal idea to get rid of this personal problem

Advocate Vishva Handa answered
Before actually initiating any action, collect lots and lots of evidence by which you can prove in the court that you have been harassed. You can record phone calls. Physical evidence is important. Otherwise how can you prove your point? Based upon evidence alone you can find way out.