Advocate Anuj Arora

Questions Answered by Advocate Anuj Arora

Q: Time limit act to take possession of property after 65 yrs court order

In 1945 our grandfather won the case in one of the property. But it is not possible us to take position on that property & some other person is in position in said property also paying tax to that property. But we have 65 year back decree copy which we got from court.so is there any time limitation to take position on that property.....?

Advocate Anuj Arora answered
the time limit for filing of execution of a decree is of 12 years from the date of decree or when it became finality i.e. if any appeal is preferred the same was decreed. time will start the day the appeal is dismissed

Q: does the mother have any right on property?

my mother who is 55 years old made a house on the land which is in name of my Sister in Law. she is not allowing her to enter the house. she claims the rent as well. and also gets pension of. now doe my mother have any right on the property? can she claim

Advocate Anuj Arora answered
Your mother can only claim the expenditure from your sister in law for construction of the house. If the land is self acquired then your mother have no right, if its ancestral and came in her name from your mothers family then you can claim. Your Mother can also claim maintenance from your brother.

Q: know married daughter have same right to her father's property as son

please i want to know married daughter have same right to her father's property as like a son?

Advocate Anuj Arora answered
Yes, daughter whether married or not has same rights in her fathers property as son according to Indian Succession act. earlier this was not the law however the same was amended and now both has equal rights.

Q: girls family threatening to file false case against brother.What to do

thing is my brother had actually eloped. he had got married to a girl in temple. later after that thy bth got separate. she stayed out in a hostel and my brother moved back to house, now my brother wants to get separated from her compltly, but the girl is saying she will file a fasle rape case n dowry case on my family, she even threatens of money and committing suicide at times. what should we do?

Advocate Anuj Arora answered
These days lots of queries like this are asked and similar cases are filed in court and majority of such cases ends in acquittal. If a girl is legally wedded then she cannot file a rape case against her husband. She can file dowry case but in your case she cannot prove any dowry as the marriage took place without any pomp and show. If she threatens you on phone then you can do recording of the conversation and make a complaint to police along with such recording. Police can take action against her and can also register the case of extortion if any cognizable offence is made out.

Q: Wife provokes me to take action against her. How to protect myself?

My wife provokes me to take adverse action against her. What can i do to protect myself as she provokes me a lot. I live in a joint family. How can i save myself if she files a false complaint against me? She is presently living with me.

Advocate Anuj Arora answered
The situation you describes also amounts to cruelty. You can obtain divorce on this ground if you want to get separate from your wife.If a wife files a complaint against his husband and his family police does not immediately registers the FIR. After filing of the complaint husband receives notice from the women cell which after hearing the wife also listens the version of the husband and then acts accordingly. There have been instances when police does not takes any action on the compliant of wife after giving an opportunity of hearing to husband as officials of women cell does not deems fit and rejects the complaint of wife. You can also make complaint against your wife stating the incidents which happens to you and if you have any apprehension that your wife may file a false case against you or do something to herself to cause any harm to you.