Advocate Dheeraj Tiwari

Questions Answered by Advocate Dheeraj Tiwari

Q: How to properly transfer house in mothers name

My father purchased a land in 1990s and built a house for the family. Sadly, he passed away in 2018. The land deed is still in his name. What is the proper way to transfer that to my mother as she is the legal heir? We are two siblings and we do not have any legal dispute / object to this transfer, just want to do it rightly.

Advocate Dheeraj Tiwari answered
Obtain a Legal Heir Certificate • A Legal Heir Certificate or Succession Certificate is required to establish who the legal heirs are. • Apply for the certificate at the Tehsildar’s Office or District Magistrate’s Office in your area. • Submit documents like: • Death certificate of your father. • Proof of relationship with the deceased (e.g., ration card, Aadhaar card).

Q: CCTV installation with View on main road for car protection

My property is two side open property.One side main road where my car is parked and other side Garden with temple. Garden fencing is connected with my property and fences are not too much heightened.So I installed two CCTV, Main road side focused cctv covers main road and my car,also it covers main entrance of others. I have avoided two neighbors vision by setting camera angle but cannot avoid other.In Garden side view, camera is capturing complete complete garden and fencing area.Is it legal

Advocate Dheeraj Tiwari answered
Steps to Ensure Legal Compliance • Inform Neighbors: • Proactively inform your neighbors about the cameras and their purpose. • This can reduce misunderstandings and potential legal challenges. • Avoid Capturing Private Spaces: • Adjust camera angles or use privacy masking features to avoid recording private areas like neighbors’ entrances or secluded temple areas. • Display Notice Boards: • Put up signs stating that CCTV cameras are in operation for security purposes. This is often a legal requirement in many jurisdictions. • Store Footage Securely: • Ensure the footage is stored securely and accessed only for legitimate reasons (e.g., reporting theft or vandalism).

Q: Wife married with another man without divorce

My wife has married another man without divorcing me and she is living with him. also receiving maintenance from me I have got information about her LIC policy (xerox copy) in which she has made her second husband as husband and nominee, How do I prove it in court

Advocate Dheeraj Tiwari answered
Petition the court to revise or stop the maintenance order. You can argue that she has remarried or is living in an adulterous relationship, making her ineligible for maintenance under Section 125(4) CrPC (India). • Provide the LIC policy and other evidence to prove her second marriage or cohabitation.

Q: 125 case filed by ex wife in nashik

My exparte divorce completed in July and my remarraige is done in December.My second wife has a son.Now.my ex wife has filed 125 application against me .She is a rich person with 11 acre land in her name and own house.She also possesses 50 lakhs in her bank.I want to get The maintenance application dismissed and take legal action against her for filing false 125 against me.I.also got aqquited from 498 in 2022 .She made all false statements in 498a also

Advocate Dheeraj Tiwari answered
Legal Action for False 125 Application • Counterclaim or Defamation Suit:If you can prove the 125 application is false and malicious, you can file a defamation suit under Section 500 of the IPC or a civil suit for damages. • Criminal Complaint for Misuse of Law:File a case under Section 211 of the IPC for false charges with intent to harm, or under Section 195A if there’s evidence of coercion or false testimony.

Q: Father is in bigamy (Hindu), partial towards first wed and kids

My fathr is in bigamy and has 4 kids (1 boy (me-26) , 3 girls(16, 20, 29)) from 1st wife and 3 kids (1 boy (32), 2 girls(28, 24)) from 2nd wife. My father used to live in my maternal home along with us and worked along with my matrnl grand father. When my matrnl grndfathr died, my fathr asked me to convince my Ma to claim a share on her fathr's property. I/Ma refused. He left angrily. Visits us but always fights. Now, sold our ancestral land 2 days back w/o informing. Called him but lied.

Advocate Dheeraj Tiwari answered
re some steps you might consider:Understand Your Legal Rights If the ancestral land was sold without proper consultation or legal procedure, you may have grounds to challenge the sale. determine whether your mother or any of the children have a claim to the property and whether the sale can be contested.Document EverythingKeep a record of all interactions, including calls, messages, or incidents related to the property or your father’s behavior.Gather any documents related to the ancestral property to establish ownership and rights.