Advocate Ajay Kumar Das

Questions Answered by Advocate Ajay Kumar Das

Q: Wife staying separate from her husband & getting pension from governme

My aunty staying separately for last 28 years from Uncle.Can she be a legal heir with uncle's son ,who is 34 years old.

Advocate Ajay Kumar Das answered
it is, yes, if not, the divorce has been established legally, financially settled with this woman who has been staying away from him for the last 28 years. secondly, whatever the matter may be, whether his first wife alive,divorced, or living presently with him, his 34 years old son will be a legal heir if the man is not live.

Q: About civil suits of land dispute

Sir I have about 74 decimal land and my neighbour has 35 decimal land.five times this land was measured and the lands of both was clearly identified but my neighbour is not agreeing.he forcefully wants to occupy my land illegally.finally he filed a civil suit in the court. During this period he is always trying to measure along with different amin without any notice. In this situation I am harashing so Sir I want to know that when a land dispute is under civi suit , can the land measure without any court notice.

Advocate Ajay Kumar Das answered
During the court process, this land will be measured under the supervision of the Court. There will be no problem if it is measured out of court order as it is not a court process purely private and not final demarcation. This will not be binding by you.Finally, it will be demarketed by the court through Govt Amin & RI and Tahasil Official to whom the court will authorize. If you think of any disorder or forceful occupation by the party during the case is in subjudice then you immediately bring this matter to the court through an objection filing and bring notice of the Honorable Court and with a prayer to direct the party to refrain from doing so.

Q: Who ll b the legal heir if parents.

From 2 daughter 1 daughter died and no children of her.Only one daughter and der childrens present.can son in law of deseased daughter ne the legal heir ya only the daughter alive she will be the legal heir.please guide.

Advocate Ajay Kumar Das answered
only daughter alive will be the legal heir, not her children. And the son-in-law of the deceased may not be the legal heir as he is not having any children. only daughter alive will be the legal heir, not her children. And the son-in-law of the deceased may not be the legal heir as he is not having any children.

Q: If Mou Is Executed On Stamp Paper

If any mou is executed on stamp paper that dowry neither taken nor demanded can it stop to file cases again in future if dispute arises again in future

Advocate Ajay Kumar Das answered
First, examine the MoU Stamp paper whether it is fake or duly executed legally before the appropriate authority or not.Accordingly, legal action can be taken by the aggrieved side in the proper court of law.If the situation warrants so, the case may be filed in Police Station in jurisdiction.

Q: Family disturbances with husband and in-laws

We belong to Hindu family and married for 2+ years and having a girl of 1+ years. I am govt employee and he is private company employee staying so far from me. Due to lock down he was jobless for two years and stays with me. He always scolds with slangs needs my all money. His family is supporting him but not directly. He always says that he cares us but not up to the mark. He doesn't spend a penny for me or my daughter. Due to lots of quarrel now he is threatening me that he'll do second marriage. I don't know what to do.. please suggest me.

Advocate Ajay Kumar Das answered
Keeping in view of the legal consequences, 1st Need counseling to establish good relationships between couple, if both desires, to continue theirs conjugal life cooly. If the efforts don't happen to be fruitful for benefit of both side then both mutually or either party may take shelter before the court of law .