Advocate Ajat Shatru Sharma

Questions Answered by Advocate Ajat Shatru Sharma

Q: Client be present for property verification at tahasildar's office

Does client need to be physically present to check land records at tehsildar office.

Advocate Ajat Shatru Sharma answered
No. Any authorized person can also present there to chek the land records. You can also seek title verification of property from Advocate. You can also use RTI to chek the land records of any seller who wanted to transfer the property. But for physical posession you need to visit the spot.

Q: How to withdraw case from the court

Sir i filled a cheque biunce case through advocate and i paid said amiunt of rs 5000 first time when further proceddings of court were done accused does not appear then court issued bailiable warrants then accused came to me and returned the same amount of cheque rs 75000 and asked me to widthdraw case i conveyed to lawyer but he is demanding me rs 5000 again i think he is cheating tell me if i leave case and not will it be dismissed automatically

Advocate Ajat Shatru Sharma answered
Fee settlement must be done at the time of filling of case with Advocate. But if not settled at begining then if matter is solved outside the court then if client did not visit court again the case will dismissed automatically. If fee was settled then Advocate can claim his pending settled fees otherwise situation will be different.

Q: Son claims a share in father's property

My father has been expired last 4 year back but brother taken rent of our shop and all thing. i m still unmarried but & living seperate from on e room & what is my share the property and what is the processor to follow for it

Advocate Ajat Shatru Sharma answered
In father's property all sons & daughters have equal right. File a suit for partition before Civil Court or in case the property situated outside municipality then before SDM/Tehsildar. Before filling suit sent a legal notice to your brother and demand your share in the rent of shop etc.

Q: Father died interstate wants to do division of the property

Unfortunately my father died 2 years back and we are 4 brothers. There is no will and we have property and logically divided among ourselves but there is no documentation done. As one of my elder brother is not signing any settlement document. So,My question is what should we do to legalize this and transfer property to respective brothers. My mother is alive but she is not also having any papers on her name to make decision. Let us know what should we do to resolve any conflict in future if one of us is not agreeing for settlement

Advocate Ajat Shatru Sharma answered
Firstly you should try for mutual settlement. If it may not possible then you have to file a suit for partition before the Registrar or Civil Judge or Sub-Judge/Munsiff if property is situated within Municipality. in case the property is outside municipality then before SDM/Tehsildar and pray for division of property according to respective shares of equal value. Property will divided among all legal heirs including sons, daughters & wife of the deceased. If Daughters did not wanted their share then it will be divided accordingly. I hope you will get your answer.

Q: Daughters right over the property of father

My father in law has 3 brother all property distribut equally but 1 land is pending for distribution so my father in law is dead my wife is a only single child so my wife claim these land because my father in law elder brother of name his property but 2 brother only gurdori only but elder brother has inthakhal but they purchase collect equal amount so my wife claim these property are not

Advocate Ajat Shatru Sharma answered
Yes your wife can claim the share in her father's share in the property. If the property of your father in law is self acquired then 100% share will given to your wife(in case of her mother is alive it will go to her). Presently Ladies also get equal like men according to their classes of legal heirs. Moreover Girdawari is only a record of possession.