Advocate Devashish Shastri

Questions Answered by Advocate Devashish Shastri (25+ answers)

Q: how to divorce my wife ? i want divorce from my wife

I suspect my wife of infidelity and want to file for divorce. How can I legally get a divorce from my wife? Please advise on the process, legal grounds, and required documents.

Advocate Devashish Shastri answered
If you have strong evidence or witnesses, you can file a divorce petition under Section 13 of the Hindu Marriage Act, 1955 in the Family Court or District Court. If you successfully prove your claims, the court may grant a divorce decree in your favor.

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: 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: 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.