Advocate Dev Sharma

Questions Answered by Advocate Dev Sharma

Q: How to appeal against a divorce decree

My husband filled a divorce case (cruelty). He won the case in session court though he was not able to prove cruelty in court I am shocked by the decision because I have done nothing wrong what he has mentioned in his case infact he was the one who has done all wrong things I don't know what to do next please help

Advocate Dev Sharma answered
We can file appeal in high court against the decree passed by distt. Judge . Fir the same just br8ng the certufied copy of judgment along with decree and further the entire case file so that we can file with8n time

Q: Married for nine months and wants to get mutual divorce

I married 9months ago. Me and my wife are not feeling comfortable with each other. So how could we get divorce easily and quickly

Advocate Dev Sharma answered
yes one can get divorce by filling the petition an there is no impedement in getting the divorce decree as the said issue has been resolved by the Apex court now. if client wants to disolve the merriage then they can approach and will get the required decree.

Q: What to do when no land has been received in return after exchange?

Sir My parents exchanged a piece of land about 50 year back....On jamabandi it shows their name with name of present owners and तबादला। धर्मार्थ ववजह। advise me how to take back that land as I have not received any land in return and I need that land.

Advocate Dev Sharma answered
One can file the suit for declaration claiming cancellation of exchange deed in the appropriate court and can ask for possession if the possession has already been delivered and if the possession has not been delivered then alternativalternative remedy for possession beside cancellation of exchange deed

Q: Has tribal women got property rights in kinnaur customary law

Has Tribal Women Got Property Rights in Kinnaur Customary Law ?

Advocate Dev Sharma answered
Yes tribal women had right in the property and the same issue has also been also decided by the court. Now if an6 women who have been deprived from such right she can claim her right in the property and if the same will be denied by any one she have every right to file the case as the issue has been put into rest

Q: How to know owner of property in absence of successor

I would like to know who is owner of property in absence of successor (when parents are siblingless)?

Advocate Dev Sharma answered
Owner of property in absence of successor can be derived by going through the catogary of successor given in the Hindi succession act as class 1 heirs and then in absence of same there might be class 2 heirs and in absence there can be agnates and thereafter cognate and finally if no such is available then the same will be aschate . More over we need to go through the revenue record and pedegri of owner including sajta nasab from where we can trace the owner