Advocate Bir Parkash Verma

Questions Answered by Advocate Bir Parkash Verma

Q: Can daughters claim share in an already gifted property of mother

My daughter in law died of cancers before death she gifted her property to her mother. She had two daughters what is legal position of daughter being a legal heirs

Advocate Bir Parkash Verma answered
The daughter's can get claim of their share in property of their deceased mother but firstly they should have to challenge the gift deed executed by thier deceased mother by filing a suit for declaration.

Q: Divorce on the ground of mental and physical torture

It's been more than 6 years of our marriage n I have a 5year old girl but my husband started torturing me from very first day of my marriage and I many times he does physical violence against me and remain like a a stranger with me.he talk sweelty only when he wants can't fulfill his physical desires. get divorce from my husband?

Advocate Bir Parkash Verma answered
You can file a divorce petition again him under section 13 of Hindu marriage act on the ground of cruelty. You should also file a criminal complaint against your husband under section 498(a) for cruelty.

Q: Procedure for wife in case does not wants to give divorce

i m from himachal, my husband filed divorce case in gurdaspur, i am not able for hiring lawyer, i have no enough money, what i do now? i am also a single girl child. my parent are too old, with whom i go there?

Advocate Bir Parkash Verma answered
You can move an apllication for maintenance under section 24 of hindu marriage act against your husband in that case. And you can also file a petition of maintenace under section 125 cr.p.c at your town. Firstly you need to see on which ground your husband has filed the petition for divorce.. after that you can get better way to plead.

Q: Divorce on ground of domestic violence

its been 3 n half years of my marriage. We had a love come arrange marriage. But after 1 month my in-laws started misbehaving with me. They used to do back-bitching with my husband and My husband used to do fight with me, hit me sometimes . He has crossed all the limits man handling, abusing language, mentally, emotionally tourcher. I am done with this relationship. Also i have a baby girl but i want the custody of my daughter.

Advocate Bir Parkash Verma answered
You can file a divorce petition on the ground of cruelty and can also file a petition for getting the custody of your child. You strictly need to prove cruelty against your husband and his family members.

Q: Can will be challenged in case of ancestral land

My father had 11 kanal and 10 marla land on the gt road which is so expensive. we are 3 brothers and 2 sisters. now my father has died. but just before death , he had transffered land to my two brothers , he didnt give single penny. but he had not transffered by registry , it is transffered by vasihat . so someone told me that i can break that vasihat by legal case in court and can get my land . so thats why ,it was ancestral land. What shall I do?

Advocate Bir Parkash Verma answered
First of all you should have to confirm that whether the disputed is ancestral or not. It it is ancestral property then your father had no right to transfer the same to any person. He had only righg to transfer the property to the extent of his share. You can file a declaration suit being coparcener of the property and challenge the will ( vasiyat) on the ground of ancestral property. If the property is ancestral then your right in property is protected. You also need to file a suit for permanent injunction for restaini g your brothers to alienate the property in any manner.