Advocate Amit Gaurav

Questions Answered by Advocate Amit Gaurav

Q: What are the consequence if we buy unauthorised property

I want to buy a unauthorized property. They have only just power of attorney. How much chances of interfering by the other party. And also what are the legally processes for avoiding their interference.

Advocate Amit Gaurav answered
You have not mentioned the city which is a eassancial factor in deciding the Status of property.First factor is what is the status of Land whether it's agriculture land ,government land,land assigned for specific purpose.Transfer of property through power of attorney is not a valid transfer.Possetion of Property is more important.

Q: How many years of separation can aid in an easy divorce

My brother is living saperate with my sister in law from past 1.5 yrs he want divorce..I have a question that how many years we required to stay saprate to get easy divorce Thanks

Advocate Amit Gaurav answered
Divorce is never easy under Hindu Law However Minimum one year of separation is required.Easy Divorce can only be obtained if both the party to the divorce aggre to divorce by mutual Concent otherwise You have to seek divorce on the grounds provided in Hindu Law.

Q: Time period to reply to opponent legal Notice

Time period to reply opponent advocate legal notice ??

Advocate Amit Gaurav answered
Their is no time period but however 30 days is proper.In some law their is a time frame provided by law.Its always better and advisable to consult a competent lawyers with the contents of notice.Simply shooting a question on time period of notice is neither here nor their would lead to nowhere.

Q: Clarification regarding share of daughter in property

I am Hindu married women living in delhi with my husband and school going only one daughter. My background is my father was retired Govt. servant and my Mother is housewife. We are two childern's of my father i.e. myself and one elder brother. In whole life my father was purchased all property in the name of my mother to save property tax etc., Matter is that my father was died on 2011. I was very close to my daughter he always told me that you are equally share holder of my property. Now, my mother and my elder brother is totally deny to give me any share/part of property which was earned by my father. Please advice me being a hindu women can i claim for my share in the property. It is necessary to mentioned here that my mother is housewife and brother is unemployed.

Advocate Amit Gaurav answered
Yes certainly properties are purchased in your mother's name but out of earning of your father aa a trustee.Yoiu should approach court for partition and division of property.further more get satya, restraint order against your mother from selling, alienating the property which are in her name.

Q: Procedure to file for the contested divorce

My in laws and husband has put allegations on me like i have taken jewellery before i left and he has denied that he has never physically abused me . I Live in chennai and after marriage i returned to chennai for my job. within 20 days of time they have tortured me still i kept adjusting myself but it continued till Dec 2017 from may 2017 and one day he sent me notice to leave job and join him immediately and i decided that day to give him divorce . i sent him legal notice for mutual divorce however he put allegations on me that marriage was never consumated and i have trapped him and spoiled him and also now he is putting the blame that he never lived with his family and he stayed always in rented flat which is false but he has shown the pay rent from jan 2018 to apr 2018 , i have completd 2 hearings where every allegations are agianst me . kinldy help me how to proceed . we have gifted him one honda city and jewellery worth of 10 lacs and now they are denying that i have taken all .

Advocate Amit Gaurav answered
Look our courts are court are court of record.What ever we allege we should have document to prove it.if their is no document then we should have photos and witness to support our case.As far as your husband's case of marrige never consummated is a fact between you two.Although living together is never denied for long period of time.The claim of your husband not living in his house can be demolished by your lawyer.