Advocate Bala Sayannarayna Reddy

Questions Answered by Advocate Bala Sayannarayna Reddy

Q: Legal remedy as property sold to 3rd party without heir's consent

Sir, my step mother sold some property to third party without knowledge of heirs and ready to sell house which costs ₹ 50,00,000. Deals with hindu succession act.

Advocate Bala Sayannarayna Reddy answered
SIR, IN UR QUESTION U DID NOT MENTION ABOUT THE OWNERSHIP DETAILS OF THE PROPERTY. IF REALLY THE PROPERTY IS ANCESTRAL PROPERTY ALL THE HEIRS WILL GOT RIGHT OVER THE PROPERTY. THE HEIRS MAY FILE A SUIT FOR PARTITION OF THE PROPERTIES.

Q: Procedure to file for divorce & claim alimony

 my cousin, get married a person 17 years back. 25K dowry paid at the time of marriage.His parents hide the truth that he may not be fit do sex and produce children. From last 17 years my cousin living with him and his parents in same house and falsely victimized and asked to under go various test. In this process she has been victim of psychological torture and physical abuse. My cousin father & brother are alcoholic addicts and don't have any proper income so they are not in a position to support her. She want to divorce & get alimony so that she start again peacefully. She is just 10th pass out. Her husband don’t have job from last 14 years and no any property on his name. But his parent are well recognized in society and having nearly 2 crore property. His father is a retired doctor and mother is a writer. By considering this back ground how my cousin can file a case for divorce and alimony, how much alimony she can ask.

Advocate Bala Sayannarayna Reddy answered
SIR, UR U DID NOT MENTION UNDER WHAT RELIGION CEREMONIES THE MARRIAGE OF UR COUSIN WAS PERFORMED. UR COUSIN MAY FILE DIVORCE CASE AS PER HER RELIGION EITHER IN PERSON OR THROUGH AN ADVOCATE BY MENTIONING THE TRUE STATE OF FACTS. SHE MAY ALSO FILE A CASE SEEKING MAINTENANCE UNDER SECTION 125 OF CR.PC EITHER IN PERSON OR THROUGH ADVOCATE. THE COURT WILL GRANT MAINTENANCE AS PER THE FINANCIAL CAPACITY OF THE HUSBAND. SHE MAY ALSO FILE A CASE FOR PERMANENT ALIMONY. SHE MAY ALSO FILE A CASE UNDER DOMESTIC VIOLENCE ACT AGAINST HER HUSBAND AND IN-LAWS.

Q: Procedure to claim share in father's property by children of 2nd wife

I belong to ST koya tribe.my father has passed away recently 1 week back.we the second wife children aren't married and have any right on my father property

Advocate Bala Sayannarayna Reddy answered
Though you are the children of second wife you are having rights over the property of your father as illegitimate children. you may file a case against the remaining legal heirs for partition of the properties.

Q: How to get a stay order against sale of property?

Hi Sir, Small Information and clarity required. we are 3 sons to my father and 2nd brother is business man and i was an employee and first brother is a doctor.As my 2n brother was taking care of business and he used to have all properties with his name.Recently small clash happend with him ,he and my father were selling a property which is with his name.So far they have not settled or partitions not happend among brothers.But without any intimation he is selling a property.So what is best option to stop this registration and how it works please resolve the issue and suggest me best idea sir.

Advocate Bala Sayannarayna Reddy answered
if the properties are the joint family properties you have similiar rights with your two brothers. You may filed a suit of partition against your family members seeking relief of injunction and partition the properties before court of law.

Q: how to claim my share in my father's property?

My father (parvesh kakkar) had entered into three marriages in his life time , i am the only son from the first marriage to my mother (neelam kakkar) (both my parents are hindu , and my parents were never legaly divorsed without giveing divorse to my mother he left us and started liveing with his second wife (shobha) for few years resulting in 2 children and then he left her , to live with his third wife (lata) who also has 2 children from him , now my father has died while living with the third wife (lata) , my father has left behind some plots in hyderabad (telengana) , which i now want to claim as his legel heir , i want to know the procedure for the same , also the third wife lata has got legel heir certificate issued to her from the local hyderabad tehsildars office , my father has died without leaving any will , what should be my course of action if i want to get my share in his property (plots , agri land etc) ?

Advocate Bala Sayannarayna Reddy answered
Both legitimate and illegitimate child are having equial rights in the properties of your father if he died intestate. In your case also the other children are having equal rights along with you . You may filed a case for partition of the properties.