Advocate Ajit Singh Thakur

Questions Answered by Advocate Ajit Singh Thakur

Q: Can farmer claim to buy the land plowing since sixty-five years

We are doing agriculture on a land for 65 years.sixty-five owner has given the land to us.but it is not on the record. but his son has sold the land to someone else,for without informing us. now they want to sell land to some other person.what can we do.can we are eligible to case a file in court.we are saying that if u want to sell the land we can purchase the land at which u have bought from that person. What shall we do?

Advocate Ajit Singh Thakur answered
Dear client, As far as your query is concerned, it’s related with advers-possession. This is the only legal position where you can fight: However this legal terms has a small definition. Need further more elaborated facts to clarify the situation.

Q: Rights of a remarried widow in property

A hindu widow after death of her first husband and having one son with the died husband remarried and got offspring on remarriage on 2nd wedlock also.She is being reflected as shareholder of the properties of both husbands at both places . Is it correct or otherwise. Plz suggest both families are Hindus only

Advocate Ajit Singh Thakur answered
Dear client, As per Hindu Law and Hindu widows remarriage act, once a widow got remarried, she will lose all the rights with her first husband. However son of first father is not adopted by his second father, in such case son holds the rights in his father’s property and ancestral property as well. Further need more explaining facts. Thanks, Ajit singh thakur Advocate New Delhi

Q: Brother creating problems in the partition of property

We are 3 brothers our father was died in 2010 now we want to share land in 3 Equal Parts But Our Little Brother is Creating Issue I Told Him That I need to Make House On My Part Of Land But He Told Me That He Will Not Make This Happen And He Will Put Stay Order On Land Now What Shoud I Do can he has right to do this???

Advocate Ajit Singh Thakur answered
Dear client, As per Law you have right on said property. The share will equally divide between your brothers sister and your mother as well. If any of share holder creates any problem regarding the mutual partition. In such case other share holder can file a Civil suit for partition of purposed Land. Jurisdiction of concerned Court of law depends upon the locality of land and also on your residence. Further needs elaborated facts for more clarification. Thanks Ajit singh thakur Advocate New Delhi

Q: Wife left marital home without any reason

I got married on 4th May 2017. In July my wife went to her parents house for a month (due to local ritual). She came back after a month and then she left my home after two-three days. I went to her parents home twice to bring her back but she refused to come back to home. Now her family has filed a case against me that I am not paying for her expenses. We are not talking even on phone since October or November. Please suggest what should I do?

Advocate Ajit Singh Thakur answered
Dear Client, As per law she has right to claim maintenance from you. But there are some limitations in this law like if she/wife is able to earn and well educated to earn for her own expenses, in such situation she can not claim any maintenance from you/husband. Now if she is not willing to come back to your home, you must file a case for Restitution of Conjugal rights under section 9 of Hindu Marriage Act. Once you got a decree in in your favour, wait for some months and later on you can file a case for divorce stating all the relevant grounds, facts and circumstances. For further clarification you can contact me. Ajit Singh Thakur Advocate New Delhi

Q: Legal procedure if one son is denied right in ancestral property

Ihve one doubt If head of the family want to give his whole self acquired and anceatral property to his one son even another son financially give help to build a house but even head of family dont allow them to stay in that well my question is will that head of family bedhakhal the second son from his property and throw their assests in the rooms of that house out Reply as early as possible I want only answer of this question here Legally what is the exact procedure and what the second son can do in this case ??? Religion hindu

Advocate Ajit Singh Thakur answered
Dear client, In the pursuance of your query I do hereby reply in the following manner:- That head of the family can disallow his sons only from his self earned property not from the ancestral property as that son is legally entitled for the share in the purposed ancestral property. That second son has paid to his elder or younger brother to build up his house. That would be consider as mutual contract or adjustment of property with each other. In other words they are doing fraud with you as I believe they must have promised you at that time when you have paid the money that, property will be divided accordingly. However that’s not happening and they are throwing you from the out of house. That you are legally entitled for the ancestral property and there are possibilities to get a share in your fathers self earned property. To clear more and do further assistance I need more facts. Thanks, Ajit singh thakur New Delhi Tis Hazari courts.