Advocate Arpit Maheshwari

Questions Answered by Advocate Arpit Maheshwari

Q: I filed for divorce. Can the wife leave the country during the divorce proceedings in India?

Me and my wife want to go for mutual consent divorce. She is Russian, having OCI. She is worried that after filing the application she won't be able to travel abroad (ideally we are planning to file the case , after which next day she can move to Russia). the question is: will she able to freely leave the country the next few days after filing the application? SECONDLY: After six months period , when she comes for second hearing, will she again be able to travel back without any permission from the court? Please provide professional and reliable opinion. Thanks

Advocate Arpit Maheshwari answered
Yes of course she can travel anytime outside the country even after filing of the application and for that she doesn't even require any sort of permission from the court. Also after six month i.e. after passing of second motion she will be at her liberty to leave the country because by then the matter will already be over and she is not even require to appear before the court after that.

Q: What are the rules related to Adverse Possession

Son died on 25th feb 2005. Mother had inherited share in predeceased son property.Mother died on 20 jan.2007. I as brother can claim share in brother property.When statutary provision of 12 years time of adverse posession would run out in my case to claim by mother inherited share in predecesed son property. Would I be entited to fresh start after the death of mother regarding this 12 years period of adverse possession which can be become adverse to plaintiff(me)

Advocate Arpit Maheshwari answered
Hi,First of all if there is no legal heir to the deceased women and you are the next closest relationship they have you can simply file a suit for declaration and get the property in your name. In that case you dont have to wait for that statutory period of adverse possession. Secondly the period for adverse possession starts from the death of the deceased woman being the owner/successor of the property. Thirdly there is no guarantee that even after the statutory period of adverse possession is over you will be legally entitled to the property as it always depends on the discretion of the court followed by the case which you have to prove without reasonable doubts. So my suggession is instead of going for an adverse possession suit its better to go for suit for decleration.

Q: Right of grandson in grandmother's property

My motherinlaw sold a property n purchased three plots .all the agreement and will are in the nameof her but power of attorney' are in the name of three sons respectively which is executed by the first party (i.e.seller) not by my mother in law. Now who is the real owner of the property?

Advocate Arpit Maheshwari answered
Your mother in law will be the owner of the property as power of attorney is not a proof of ownership. Whereas the sale deed is the documentary proof of ownership. To answer your question more appropriately i also need to know what are the documents which were executed at the time of purchase of land? Also if there is a will of your mother in law than his will bequeath the property only after her death.

Q: Irregularity in recruitment by Company what can be done

i appeared for recruitment conducted by NPCIL ( Nuclear power corporation of India limited) . i was declared unqualified beacuse i was lacking 8 marks , in this regard i file RTI seeking details of there answer keys and mu response . I fould that 7 questions out of 100 asked by them were judged on faulty answer key. I filed compalin in this regard on govt's greviences portal . After 3 months NPCIl authorities gave reply that there answer key is correct but it can be seen that there answers key is clearly . what can i do in this matter( they have given me written reply that there answer key is correct but i can prove that there answer key is faulty)

Advocate Arpit Maheshwari answered
You can file a writ petition before the high court challenging such examination and you can call for the question and for its answers. The high court will then exam it through an expert. Then accordingly it will order either to conduct a re examination or conduct re checking of the answer sheets.

Q: Where can i apply for a parole

I am serving life imprisonment u/s 302 ipc, Appeal is dismissed from supreme couet also. if I wants to attend daughter's marriage, so where and how i can file parole.

Advocate Arpit Maheshwari answered
You can file for parole in the Supreme court itself by moving an interim application in the same appeal. On that application supreme court will hear the matter again and will grant an appropriate order. lower court will not entertain it as the appeal was dismissed by the supreme court.