Advocate Bobby Portia

Questions Answered by Advocate Bobby Portia

Q: Property registered as it is for male descendant after wife's death

My maternal grandpa registered part of his property to his wife in 1983 mentioning she(grandma) can enjoy the property and after her death it should be enjoyed only by his male descendants. At that time of registration 1983 my grandpa was having one boy child(my uncle) and one girl child(my mom)Does my grandma have the power to gift deed this property to my mother? Because, in 1998 my grandma gift deeded the property to my mother. Now my uncle's son are claiming that property saying what my grandma gifted is not valid. Please clarify.

Advocate Bobby Portia answered
yes, if the property has been given on settlement to your uncle by your grandpa then it is an absolute settlement and that settlement deed is valid in the eye of law, whereas if she has any right over the property could be said only by scrutinizing the settlement deed by your grandpa, there any be any clause said about your mother

Q: Apply For Divorce My Wife Who Is Not Living With Me.

I am living with my parents. My wife and daughter (18yrs) living seperately for 2years. I want to divorce her. She not respond to me. How to take action for divorce.

Advocate Bobby Portia answered
yes, first legal notice should be sent for intimating that if your wife also willing to give divorce then, you can file divorce on mutual consent, if she is not acceptable then you can file case on divorce against your wife and procceed for divorce

Q: I have come out of marital home after 5 months of marriage due to mental and physical torture by hus

I have come out of marital home after 5 months of marriage due to mental and physical torture by husband I have left my clothes ,home appliances(bero,bed,washing machine,fridge,tv,steel vessels,mixie,grinder) bought by my parents worth 1,50,000₹ . I have put judicial separation+maintenance case ....how can I get my home appliance and clothes from marital home??? .....lawyer said to put "sec 27 return of property"petition but if I put that petition the and I give list of articles if my husband didn't sign the list of articles petition then court will not order to give back my belongings so what will I do in that situation

Advocate Bobby Portia answered
yes you need to file the petition on sec 27 of the family court act for return of your articles, once enquiry is conducted the case ordered then you can forcefully file execution petition and get the return of your articles

Q: H4 notice issued to opposite side - divorce case. Should I have appear

I had filed divorce case 2 years ago and appeared for all the hearings till recently. But due to hectic office work missed last few hearings from the court. Now the spouse advocate had issued ‘H4 Notice’ to me. What does it means??!!. What will happen if I couldn’t appear before the court on that day??

Advocate Bobby Portia answered
your divorce case will be dismissed if you r not. attending the case since you have filed the divorce case if she has not come before court you would get exparte divorce order, they appeared before court and now the court has ordered private notice for hearing you have to appear before that court for your case should not be dismissed

Q: Need to confirm the divorce case

Sir my wife lawyer first appealed for my side divorce case after they are not appealed so I got uncontested allowed divorce approved, now she has filled a petition in her court to joint with me, it's been three years we are separated I got divorce from my side before 12 months. I am not willing to join with her can i do second marriage with my one sided divorce. Even she has not filled petition in my court order shall i move forward it it uncontested divorce valid now

Advocate Bobby Portia answered
After getting exparte divorce, u can marry after three months if she has not appealed or set asite the exparte order, if she is filing restitution then u have to contest the case , further u can marry after disputes are settled