Advocate Ashima Puri

Questions Answered by Advocate Ashima Puri

Q: After father death who is the owner of property in india

My father expired 4 years ago. He owned a house with 20 cents of land. Since then, my mother has been living alone in this house. I have one elder brother and one younger sister. My mother has no income for her livelihood and treatment. My brother wants the whole property in his name but is not ready to take care of our mother. My mother wants to divide the property equally among all of us while staying in the house for her lifetime. After father death, who is the owner of property? Who has the right to partition it?

Advocate Ashima Puri answered
Your mother, as a legal heir, has equal rights in the property. No one can disown her. If your brother refuses to agree, you can file for a partition. Additionally, your mother and sister can issue a No Objection Certificate (NOC) to support the fair division. Your mother can also seek maintenance under Section 125 of the Criminal Procedure Code (Section 144 of BNSS) if needed.

Q: can younger brother claim elder brothers property

Can a brother claim brothers property if the elder brother bought it by himself and the younger brother was not a minor at the time of purchase? Does a brother have any right on elder brother's property in such a case?

Advocate Ashima Puri answered
No he cannot claim share in the property if it is self acquired property.

Q: Original mother troubling after giving the child to adopted mother.

My sister adopted a child 12 years back. It was adopted through somebody. Now the original mother is harassing and claiming the child back. She has also filed a civil case. She comes up to sister house and calls out the baby and is also troubling us by reaching out to the child in the school. What can we do in such a situation? We have all the proper documents of the adoption.

Advocate Ashima Puri answered
Dear QueristBoth civil and criminal remedies are available. Criminal Complaint by the adoptive parents can be filed against the original mother. Protection can be sought. Civil suit seeking injunction/ directions can be filed stopping her to harrasse the child.regards

Q: house damaged by Neighbor while construction

my house is damaged due to illegal construction by my neighbour please advice. what can i do here.

Advocate Ashima Puri answered
Dear QueristYou can file complaint with the RWA/ MCD/ POLICE authorities. Alongside you can file a Civil Suit seeking damages and directions from court to the effect that your house be restored to habitable condition as iy existed.Regards

Q: Section 4 of Arbitration Act. Award set aside. How to claim my money?

I had filed a petition under section 34 of the Arbitration & concilation Act 1996 to set aside an Award and pay the money to me with 24% interest.(The Award was which was favouring the ow the judgement has come setting Asside the Award. Now what action should I take to get tne money?

Advocate Ashima Puri answered
Arbitration Award is to be examined to see what merits your claim has got along with other documents forming the basis of your claim. We can institute a separate claim seeking your money. In case the award grants your money as well then execution of that part of the award be sought.