Advocate Devashish Shastri

Questions Answered by Advocate Devashish Shastri

Q: Can my brother sell joint property without other brothers permission

My Brother built a house in Lavkush Nagar, Bhopal around 1996. At that time I was living in other city. In 2002 i along with my parents shifted to Bhopal and My brother only advised me to built 3 more rooms on the terrace of the house. I did the same and started living there without any legal formality. In 2010 my brother asked me to do the separate registry of the upper portion and it was done in my name. So the upper portion including the terrace is now registered in my name. With time and mis-communications he developed several prejudices, hatred and all of a sudden he stopped communicating with me. Recently i heard that he has purchased yet another house in some other area and soon shifting to his new house. Though i am not sure but i heard from my relatives that he has mortgaged the present house and availed loan against it. My problem is HOW SAFE IS MY PORTION and can he sell the house without my knowledge? Kindly advise me, as he stopped all the communications with me.

Advocate Devashish Shastri answered
Your portion is safe because you purchased it from your brother. Your brother can sale or mortgage the property without your content up to his share. You can claim frist priority to buy his portion through civil suit.

Q: Falsely dragged into case of 379 IPC by police

sir mene kai bar ret mafiyao k khilaf complaint ki police ne kai bar karrwai bhi ki....lekin sir is bar ret mafiyao or police ne milkr k 379 k tahat farzi case mujhpr hi bana diya h me kya kru sir?mene anticipatory bail k liye bhi apply kiya lekin dismiss ho gyi....

Advocate Devashish Shastri answered
Aapko karywaahi ka samna karna hi hoga thodi pareshaani jarur hogi kintu aap bari ho jaaenge iski sambhaawana adhik hai. Aap agrim bail ke liye High Court me prayas karle yadi wanha bhi na ho to nyaayaalay me samrpan kar de.

Q: What action can be taken if wife gets married during mutual divorce?

If a girl get marriage during mutual divorce what action a boy take against her

Advocate Devashish Shastri answered
Boy can launch FIR in concerning police station or he can file a private complaint before Judicial magistrate. Mutual consent petition is pending means the marriage is continue. No one can get marry during pendency of divorce petition.

Q: How will grandfathers property be divided after fathers death

We are Hindu brahmins. My grandfather had 3 kids 2 sons 1 daughter. My Father died in 86. We are 2 sisters both are married. My grand father has a big independent house which cost around 2cr. His property is mainly on rent.My mother is staying in one portion of that house from 1980. She is working in a govt school as a teacher. My father's brother is jobless and totally dependent on grandfathers income. Now my grandfather wants my mom to leave the house and he is not ready to give any money or share the property. My mom is alone and she doesn't have any flat or house to live. Kindly suggest what can be done.

Advocate Devashish Shastri answered
Your mother can get her share from your grand father. No matter she is working woman or not.. Both of you sisters can also claim your fathers share if the property is ancestral. Possession of your mother is extra benefit for your mother.

Q: How to Get Divorce And Maintenance For My Daughter

I got married in2011 its arrange marriage. From starting my husband's behavior towards me its not good he always avoid me in public places and always hide things form me regarding his job,money ,frnds related.in2012 I hv baby after that his behavior totally changed he neglected me and my daughter always come home late night and not answering my question, I caught him two-three times to talk with other women in midnight. He use to sleep in other room. From 2012 and if i ever touched him he shouted at me and behave very badly. Never talk to me if he stay at home. In whole day he don't hv half an hour for me to talk to me. He randomly change his job without any perfect resons ,never respect or call my family my parents. In2015 he lease a hotel with his partner and his partner is not a good person he do all kind of illegal works but my husband never listen and start workng with him and they provide there customer call girls. So on this basis can i got divorce. I stay with my parents now.

Advocate Devashish Shastri answered
yes you have strong reason to get divorce and maintenance.you can file a complaint of domestic violence for his bed behavior with you and your daughter. Issue a legal notice to demand maintenance for both of you and divorce for you.