Advocate Anand Bali

Questions Answered by Advocate Anand Bali

Q: Can son take loan on father property my father having age 68 years old

can i take loan on my father property.. my father age is 67 years old. He is still earning and working in a private company with monthly earnings 30000 ..i am also earning and working in MNC.. i am the only son in my family

Advocate Anand Bali answered
Yes you can take loan only if your father gives his consent to be mortgage his property against your loan as sureity. Otherwise not.you only can take without your fathers consent against the earning which you take from your company. it is immeterial that your father is of very old age and you are his only son.

Q: After how many years of separation is a marriage considered void and annulled in India?

I am a Christian girl who married a Sikh guy in 2018 in a gurudwara in East Delhi, but we got separated after only 3 months. We have no legal documents of the marriage, except for pictures and the wedding card. Is the marriage even legal? And after how many years of separation is a marriage annulled or void in India?

Advocate Anand Bali answered
yes the marriage is legal.There is no such thing in Hindu/Sikh marriage law which make a marriage null and void because of seperation for a long years however you can apply for a divorce in Family court under Hindu /Sikh marriage act Sec 13 to declare your marriage on this ground. Considering the same court will grant you a decree of divorce.

Q: What is the meaning of ex parte evidence?

The judge has issued ex parte evidence in my divorce case. I've filed for divorce against my wife citing cruelty. Could you please explain what ex parte evidence means in this context?

Advocate Anand Bali answered
Ex patre divorce is given by court when the other patty do not apear in the court after getting court summons or its publication. This decision court gives when it feel satisfied with the allegations written by the first party against other party who is not appearing in the court other wise not. There are many incidences where the court could not satisfy itself with the cause of actions raised by the Petitioner. Court first allowes for the presentation of petitioner's evidence and when petitioner produces and appear its evidences through documents photos or by witnesses of the fact concerned, court evaluate these all on legal grounds under Laws of evidence and then pronounce its judgment on its basis. There are 50-50 chances in decision of court So it is very important to satisfy the court at this stage.

Q: Can Father Deny Property to Daughter? How to Handle Parents Refusing Share of Property to Daughters

I have a brother and a sister. Our parents are refusing to give any share of our ancestral properties to us sisters. Our father possesses some properties acquired by selling ancestral lands, and these have been registered in my mother's name for almost 20 years. How can I ensure my share when: Most property details are concealed from us daughters, and we are not in possession of any property documents? Many properties are transferred or purchased in my mother's name? Some properties are already transferred in joint names of my mother and brother.

Advocate Anand Bali answered
Yes very well you can claimyour share out of this ancestrsl property of from the property which has been purchased by proceeds of selling off the ancestral property by your parents.However if you donot know the details of property /properties you can file a suit for partition and declaration mentioning that these properties has been purchased by the sale proceeds of some ancestral properties. Which you have to show in the Court and prove. please note any document which is 25 years or more than that years old can not be questioned in the court as wrong document. Find carefully details of properties first and the method of purchasing those out of the same money of sale of ancestral property and then only file the case.

Q: Need advise on what to do to stay

My in-laws are planning to kick me and my son out and live in the house in which we are living as true owner of this house is my father in-law. For this they has made excuse of their treatment. For this they has made plan in which my husband has taken a house on rent and is planning to file a complaint in court. What can I do to stay in house?

Advocate Anand Bali answered
You have to file for an injunction order in the court as she not be removed from your father in laws house showing it as a Conspracy of your inlaws and your husband against you. Engage a good Advocate you will get the order in your favour, provided he plead the case properly in court.pl get a good expert and experienced Advocate of family disputes line