Advocate Deepak Chauhan

Questions Answered by Advocate Deepak Chauhan

Q: Right to purchase property of brother acquired by will of father

My father did a will by which i got ground floor of a house & my younger brother got first floor of the same house.now he want to sell his part of first floor to another person.can i force him to sell that first floor to me.

Advocate Deepak Chauhan answered
Not at all. This is called right of pre-emption. Now it does not exist. Even otherwise, in view of Will left by your father, your brother is absolute owner of his respective floor. He can sell to anyone.

Q: Right to file writ for declaration of lapse of acquisition proceedings

MY FATHER HAD PURCHASED A RESIDENTIAL PLOT OF 156 SQ YARD IN DELHI VIDE A REGISTERED SALE DEED AFTER ISSUE A NOTIFICATION U/S 6 OF LA ACT 1894 FROM RECORDED LAND OWNER IN REVENUE RECORD, WHICH HAS ALREADY BEEN ACQUIRED VIDE A L.A AWARD IN 1968 AND LAND HAS ALREADY BEEN UTILIZED BY D.D.A FOR ITS RESIDENTIAL SCHEME BUT COMPENSATION HAS NOT BEEN PAID TILL NOW BY L.A.C NEITHER TO RECORDED OWNER NOR TO MY FATHER WHO IS A SUBSEQUENT PURCHASER VIDE A REGISTERED SALE DEED. NOW I WANT TO KNOW WHETHER MY FATHER BEING A SUBSEQUENT PURCHASER , HAVE LOCUS STANDI OR NOT TO FILE A WRIT PETITION IN DELHI HIGH COURT FOR A DECLARATION OF LAPSE OF ACQUISITION PROCEEDINGS UNDER SECTION 24(2) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION , REHABILITATION AND RESETTLEMENT ACT 2013. MY FATHER IS ALSO READY TO ACCEPT HIS PENDING COMPENSATION AS PER PROVISION OF LARR ACT 2013 INSTEAD OF GOING INTO CUMBERSOME AND TIME CONSUMING PROCESS OF AFRESH ACQUISITION UNDER LARR ACT 2013

Advocate Deepak Chauhan answered
Yes. you father can. Now these days, our High Court has been flooded with such kind of petitions. But usually in such cases, High Court would ask the petitioners to approach to LAC to submit their claims afresh and Court may also issue certain directions to LAC for considering their claims.

Q: Presence of biological & adoptive father for adoption registration

Dear sir. Is it required for biological father and adoptive father to be present at the time of registration of adoption deed. Or submission of noc from the biological father is enough

Advocate Deepak Chauhan answered
Adoption Deed need not to be a registered document. Neither in Hindu Adoption and Maintenance Act nor in Registration Act, it is nowhere required that Adoption Deed has to be a registered document. Even adoption can be oral if it fulfills all the requsite conditions. Therefore, you need not to get it register. If you still feel that you must get it register then biological father has to appear either in person or through his attorney.

Q: Validity of marriage done as per Hindu ceremonies but not registered

If two Hindus are married to each other as per Hindu rites and ceremonies of either party i.e. By way of Saptpadi. But their marriage is not registered and without registration both parties went outside India. Is their marriage valid even outside India without being registered as per Hindu law ?

Advocate Deepak Chauhan answered
Section 8 of HMA is the only provision which deals with registration of Hindu Marriages. Advisably it uses the expression facilitating the proof of Hindu Marriage. Advisably because there is no mandate that all marriages are to be registered compulsorily in terms of the Act. Ofcousre time and again Honble Supreme Court have directed that all marriages in India ought to be registered. But that apart the status of such unregistered marriages has not been spelt out the requirements of a valid Hindu Marriage are provided under Section 5. Therefore, its not compulsory to get the marriage registered under Hindu Marriage Act. But almost all foreign countires do not recognize unregistered marriage. So there marriage is even valid outside India if there are no inter se disputes among parties. But if some dispute arises, then parties shall be asked to furnish marriage certificate in order to prove their marriage.