Advocate Deepa Tiwari

Questions Answered by Advocate Deepa Tiwari

Q: Procedure to file for girl child's custody by wife as husband denies

I have a daughter of 5.5 years and my husband left my matrimonial house with my daughter and asking for divorce and not ready to give legal custody. My in laws have disowned my husband so that I can't ask for any maintenance. I cant live with my daughter. It's been 6 yrs I got married and my in laws with my husband have done civil suit against me and my parents so that I cannot enter the matrimonial house. My all belongings are at matrimonial house and they have created evidences forcefully without my knowledge though camera's and recording. Is there any chance I will get legal custody of my daughter and what is required to file here.

Advocate Deepa Tiwari answered
You can file the case of mental cruelty and domestic violence agast your husban and in-laws. The mother's custody is favourable for minor daughter. You can file the legal custody case. You can also ask for interim maintenance from court.

Q: Procedure to claim share in mother's property

I am hindu and my dad expired in 2010 making my mother as receipent of his property. This was second marriage of my mother and third of my dad. I am from their final marriage. I have five other siblings from final marriage, and two step sister from previous marriage of my mother. Now as my mother has mutation done she wants to transfer property to her daughter from first marriage (my dad had brought up those 2 step sisters) as she is my mother favourite, moreover she has failed marriage so lives with us. Can mother transfer it expelling their only son?

Advocate Deepa Tiwari answered
Your parents marriage doesn't make difference in law of inheritance. All siblings even step ones have equal rights on the property. However, I will suggest you to go for suit of partition and declaration. There many other facts which you need to take into consideration while partion of the property with proper scrutinization.

Q: Remedy as anticipatory bail refused due to absence of lawyer

My lawyer could not attend the anticipatory bail hearing of my case in high court as he was busy attending my different case on the same day . So bail was refused. What to do now.

Advocate Deepa Tiwari answered
If the bail is rejected then you can very well file a fresh application for bail on the fresh grounds by citing the change of circumstances in high court itself. The principle of resjudicata does not apply to bail. You can file as many times as you want after lapse of time around 15 days. Every rejection gives you to right to appeal in higher court also.

Q: Documents to be provided by the heirs when the owner has died

My mother and my grandmother own a house in Delhi which is registered in their names. My grandmother passed away recently and we are in the process of disposing off the house to a prospective buyer who has to get a bank loan. My grandmother had executed a will in 2004 that is registered saying after her death, that her daughter (my mother) and her 3 grandchildren including myself would become the legal heirs of the house. Now we three grandchildren have no interest in the property and would like to relinquish and want the sale of the house to happen without any hassle. Would my mother need a surviving certificate? If so how and where does she get one from? What else would be needed to proceed? My mother is in Bangalore and has all her IDs of Bangalore. Please advise how to go about the sale without any legal problems both for us and the buyer with less of a hassle. I am a Christian.

Advocate Deepa Tiwari answered
Surviving certificate is often required for settlement of claims in respect of deceased. Surviving certificate is issued by concerned SDM/DC. Your mother's IDs are from Bangalore is not a problem as adhaar is valid in all over India. Concerned property is in delhi so documents related to that are sufficient. You can go ahead by making a relinquishment deed in whose favour you want and further the said property can be sold in future.

Q: Recovery of money spend during marriage after annulment

Sir husband files a case to void marriage which is less than one year due to anger on pitty things nand small argument then what are ways to get marraige expences back without harming husband image and family ......if there is no hope to save the marriage.

Advocate Deepa Tiwari answered
First of all for finishing the marriage husband and wife have to complete one year of marriage. Marriage can be held void under section 5(1),(4),(5) of hindu marriage act is contravened. You can ask for interim relief and then alimony and ofcourse things and all expenses that you have gifted or spent during marriage and if you want to save your marriage then you can file case for restitution of conjugal rights under section 9 of hindu marriage act.