Advocate Abhiraj Rao

Questions Answered by Advocate Abhiraj Rao

Q: Regarding my share in my hubbys property

I m an 28yrs widow dont hav child. Married since jan-2014.my hubby died a yr ago. I had taken money wen he was ill as a loan. I hav 2 jeth n 3 jethanis.i dont hav mother or father in law. Shall i get share in property as the property belongs to my father in law's name.my hubbys brother n her wife want me to leave the house,they dont want to give share to me. Suggest me should i hav right to get share on behalf of my hubby. Tis is luv n intercast marriage as i m sindhi n my hubby was maharashtrin. Pls help me...

Advocate Abhiraj Rao answered
Since your father died intestate his property is distributed amongst all the sons and daughters. if the sons and daughters are dead then their heirs get that share. In your case your are your husband's legal heir and have every right over his share of the property. If your in-laws are not ready to give your share then you need to go to the court to get a succession certificate. Court may appoint someone to distribute the property equally amongst the legal heirs

Q: Already file for Divorce June 2019 . How to file Domestic violence?

Since 1 n half year I been waiting for husband good response..m Buddhisht by cast.. Husband thrown me out of his house like anything.. I alone faced a Lott.. Suffers illness medical illness by husband sch behaviors..i do it alone since he thrown me like anything..i want justice for my loss of ife...he crossed limits of torture.. so I have submitted divorce case after 1 n half year through Mumbai famiy court. Should I go for domestic violence case so that I gets justice fr all torture husband n in-laws made to me? Plz help financially m helpless need govt advocate or NGO plz suggest. i residing now my parental house Bt I feel insecure here also.. L

Advocate Abhiraj Rao answered
If you want to file a domestic violence case against your husband and his family you file a complaint with the police. The police will assign a Protection Officer who will investigate and handle your case for you.

Q: Will Star. will draft kept ready duly signed

Wanted to know whether it can be notarised to make it genuine, local lawyers say to attach fitness certificate from a MBBS DR

Advocate Abhiraj Rao answered
You can either notarize or register a will. If you register a will it would have more weightage as evidence in case there is a dispute after your death. It is advisable to register a will for an immovable property. This would help your legal heir get a better claim in case there's a dispute in the future.Fitness certificate shows that a person making a will is mentally competent to make a will. Basically it shows if your are insane or not. so it is necessary to have a medical certificate when registering or notarizing the will.

Q: woman and their children property rights at live in relationship con

a women which live with a man from last 32 years i.e live in relationship so,the women has a two child .also the man is married legally to another women before starting the live in relationship with another women and the legally married women has also 3 children's. so at this time the man want to seperate from live in relationship women but live in relationship women has no any source of income or money support after they seperate from each other so My question is so live in relationship womens or their children's claim on property of that man.

Advocate Abhiraj Rao answered
Children conceived from the live in relationship have the right over the man's property just like children conceived in a marriage.The woman can always claim maintenance from him for herself and the children. In case he refuses you can approach the court for the same.After his death and in the absence of a will man's property shall be divided equally among all his children. In case he has a will his property needs to be divided according to the will only. A will is only applicable for self acquired property and can exclude the children from live-in relationship.In case of ancestral property they can ask for their share immediately. the percentage of share in the ancestral property depends on how big the family tree is.

Q: Mother in law mentally harass my sister and her husband never support

It has been 6 months of my sisters marriage .Her mother in law taunts her a lot in a very rude tone and it extends upto 3-5 hour almost everyday. She never allow her to meet her old friends and her before marriage social contacts has been completely restricted. She send my sister to her maternal home only according to her wish and my sister has to return whenever she demand.we had face to face family meeting but her whole family completely dominated us in a very rude and aggressive manner.my sister tells she is not happy there and she is always frightened of them.what to do...?we don't want to take it to police station because we fear her aggressive husband will take revenge...

Advocate Abhiraj Rao answered
Police complaint is necessary if your sister is suffering domestic violence by them. If yes then you don't have any other option but to file a complaint with the police. If the marriage has failed you can't make it better by meetings or by trying to make it work with a violent/aggressive family. The only option then is to divorce and get out of the marriage.