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 before, he had own a house with 20 cent land. After that my mother is living alone in this house. I have 1 brother(elder) and 1 sister (younger). Mother doesn't have any income for here lively hood and treatment. Brother is wanted whole property in his name and same time is not ready to take care of mother. Mother want to do partition of the asset in to four equal part and stay in the same house for her lifetime. what should be done for that. or who has the right to do the partition. after father death who is the owner of property, Please advise

Advocate Ashima Puri answered
Your mother being legal heir of your father has equal share in the property. No one can disown her from the property. You can seek partition. Later mother and Sister can give no objection to Partition. She can also file for maintenance under Section 125 of Criminal Procedure Code.

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: can husband give the property to his wife for gift deed?

can husband give the property to his wife for gift deed?

Advocate Ashima Puri answered
Dear Querist Yes the husband can gift property to his wife. In case it is ancestral property devolving on husband and if he gifts to wife it will be conveyance of property and Stamp Duty is playable. Tranferee if woman will get rebate in the rate of duty. In case the property is self acquired and/or in joint name with wife, Relinquishment Deed can be made. In case of Relinquishment no Stamp Duty shall be payable. Regards

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