Advocate Ankit Kumar Singh

Questions Answered by Advocate Ankit Kumar Singh (25+ answers)

Q: PERSONAL LAND OBTAINED THROUGH BANDOBASTI SHOWN AS BIHAR GOVT LAND

PERSONAL LAND OBTAINED THROUGH BANDOBASTI SHOWN AS BIHAR GOVT LAND IN THE LAND RECORDS. HOW TO GET IT CORRECTED AND TO GET IT BACK ON MY OWN NAME. PLEASE SUGGEST THE LEGAL ACTION TO BE TAKEN FOR THE SAME.

Advocate Ankit Kumar Singh answered
File an application before the Circle Officer/Revenue Officer for correction of land records, attaching proof of ownership such as Bandobasti documents, old land records, or rent receipts. If rejected or no action is taken, file an appeal before the District Collector. If the issue persists, approach the High Court through a writ petition for correction of records and restoration of ownership. Simultaneously, if possession is lost, file a civil suit for declaration and possession.

Q: Gift of ancestral property without consent of copasner

The dispute related to my maternal grandfather property.khatiyan is on the name of my maternal grandfather and his three brothers.his mother (my maternal grandfather mother)gift a 1/4th of property to her younger daughter in law in love and affection in year 1985 without consent of other copasner of property.again 1992 all copasner of HUF with maternal grandfather mother and her daughter in law divide the property between them and create seprate jamabandi mutation.what is valid gift or partition

Advocate Ankit Kumar Singh answered
The gift deed executed in 1985 by your maternal great-grandmother in favor of her younger daughter-in-law, without the consent of other coparceners, is invalid if the property was ancestral/HUF, as she had no absolute ownership to make such a gift. However, the partition in 1992, where all coparceners, including your maternal great-grandmother and the daughter-in-law, mutually divided the property and created separate jamabandi/mutation, is valid as a family settlement, provided it was executed properly and acted upon.

Q: एक ही नाम से तीन मंदिर हैं ,अब भक्तों में संदेह उत्पन्न हो रहा है कि क

एक ही नाम से तीन मंदिर हैं तीनों अपने को प्राचीनतम बता रहे हैं, जिसके कारण भक्तों में ‌संशय हो रहा है कि आखिर तीनों में ‌अतिप्राचीन मंदिर कौन है?

Advocate Ankit Kumar Singh answered
कानूनी दृष्टि से, मंदिर की प्राचीनता के विवाद को ऐतिहासिक अभिलेखों, राजस्व दस्तावेजों, पुरातात्विक साक्ष्यों और धार्मिक ग्रंथों के उल्लेख के आधार पर सुलझाया जा सकता है। यदि पहले से कोई न्यायिक निर्णय या कानूनी मिसाल मौजूद है, तो वह बाध्यकारी होगी। सरकार या न्यायालय विशेषज्ञ समिति गठित कर सकती है, जिसमें पुरातत्वविदों, इतिहासकारों और विधि विशेषज्ञों की राय ली जाएगी। यदि विवाद बढ़ता है, तो संबंधित पक्ष उच्च न्यायालय में रिट याचिका दायर कर सकते हैं, जिसमें मंदिर की प्राचीनता को सत्यापित करने और भक्तों के संशय को दूर करने की मांग की जा सकती है।

Q: Fathers Property division between their son and daughter

My father & mother died without any will and before their death they made 1land in my sister and they open a joint account with my elder brother because i was working in delhi they are not want to disturb me thats why they opened joint account with elder brother & sister now they dont want to give me any money or land accqired by my father what to do

Advocate Ankit Kumar Singh answered
Since your parents died intestate, you have an equal right to inherit their assets under the Hindu Succession Act, 1956 (if Hindu). If the joint bank account was only for convenience and not with survivorship rights, you can claim your share of the funds. For the land transferred to your sister, if it was a legal gift or sale, challenging it may be difficult, but if fraud is suspected, you can verify documents and file a case. For other parental properties, you can file a partition suit to claim your rightful share. Legal consultation and document verification are crucial before proceeding.

Q: Final maintenance order passed by family court but husband not paying

Final maintenance order passed by family court but husband not paying the amount what action can taken by Wife?

Advocate Ankit Kumar Singh answered
If the husband is not complying with the final maintenance order, the wife can file an execution petition under Section 125(3) CrPC to recover the amount through salary or property attachment. If he willfully refuses to pay despite having the means, the court can issue a warrant of arrest and even impose imprisonment. She may also seek interest and penalty for delayed payment and file a contempt petition for disobeying the court order. Let me know if you need assistance in drafting the necessary legal documents.