Advocate Anish Ashapure

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Questions Answered by Advocate Anish Ashapure

Q: Father's claim over unmarried daughter's salary

I am an unmarried daughter belonging to the Hindu Maheshwari family. My father is stating that he has a de-facto right over everything that I have earned before my marriage and is demanding that I transfer all the money to my parents before marriage. He is also demanding paybacks for what he spent on my education till my undergrad and food and other expenses, which I feel is an inflated figure in his calculations but neither of us has any proof for the actual expenses. nDoes he have any legal stand? nWhat are my legal obligations towards my parents, apart from maintenance which can be a max of 10K/month?

Advocate Anish Ashapure answered
it is father's responsibility to maintain his unmarried female child till her marriage if she is unable to maintain herself. if you are an earning person and your father has no any resource for his maintenance and also he has not sufficient means to get any income and no any other male chaild he have then he may claim for only maintenance. he can not ask for share in your earning and also can not ask for the expenses he did for your maintenance

Q: Can mother change fathers will after his death?

Hi,nMy grandfather made a will, where he gave every child something or other. Later his death, the children tried misusing my grandfather's will by breaking the clause in the will. Hence my grandmother challenged his will and created another unregistered will where she gave the rest of the property to only one child, and she fought for her will. The result was she won the case but the will remains unregistered as she also passed away.After my grandmother's death whose will be considered and can anyone challenge any of the wills be it grandfather's or grandmother's will?

Advocate Anish Ashapure answered
as per the law will is not compulsory to be registered but it should be proved beyond the doubt and attested by two independent witnesses and no one can change or amend any other's will even in lifetime of that person, after death the will and it's facts and attestation will be some important point to claim the will property. probate is very good option for claim of will property to get a safe ownership.

Q: Can I stop sale of plot by wife purchased by me in her name

I purchased a plot in wife’s name in 2006. She does not have any other source of income to prove that her money was used . Now She wants to sell without my consent. She lives with me . Can I stop her in selling plot.

Advocate Anish Ashapure answered
yes, you can restrict her for sale the plot purchased by your earning money, if you have to prove that the plot is purchased by your earning money and no any financial contributions of your wife. you may file an objection also before registrar to make the sale restricted by file a title suit before judicial magistrate and get the stay or interim order accordingly

Q: Divorce and Maintainance issue after 2 years of marraige

Hi, My husband has online gambling addiction and is in huge losses now. I am married for 2 years and was unaware of this. Dont have any children. want to know the procedure for divorce and any amount i can claim and how much amount?

Advocate Anish Ashapure answered
you may proceed for divorce and maintenance suit in court where in which jurisdiction you are living or where you were living or where your husband is living or working. maintenance amount depends on the proof of income of your husband you will produce before court. it will also affect if you are earning person.

Q: Sir one case is on me ipc 323,506,292,25 arm's act From 2018 it is Pe

Sir one case is on me ipc 323,506,292,25 arm's act From 2018 it is Pending in bhopal court because that person is out of city and he never came to court till case started..it 3 years passed how cn be this case finished soon because my joining will come any time.. Kindly suggest me any way to finish this case

Advocate Anish Ashapure answered
first you will have to get information about the stage on which your case is pending. it is not necessary for complainant in so many criminal case to attend the hearing all time. if it is required then court issue notice to him. so it is most important to know how many times court issued notice for witness to complainant and how many times he skipped the hearing. even though prosecution may proceed in absence of him. it will affect the judgment not proceedings