Advocate Dhrubajit Karmakar

Questions Answered by Advocate Dhrubajit Karmakar (25+ answers)

Q: adopted son without registration property rights

#Self acquired property of Mother # transfer of gift deed # adopted son without registration

Advocate Dhrubajit Karmakar answered
Your first query regarding self acquired property of mother refers to absolute power of the mother to use, sell or transfer by way of gift or whatsoever way are valid. Being the bonafide owner, she can dcide whatever she likes.The second quiry regarding transfer of gift deed should be as per legal decorum being registered by the owner (the Doner) to someone (the Donee) who is adult and capable to accept the gift as per legal decorum is valid.The third quiry about adopted son without registration is vague in nature. If you mean that the adoption of the son is not registered complying all the required legal proces, the adoption is invalid. The process of adoption is somewhat complicated and requires a lengthy process. If the adoption is valid, the adopted son can accept any kind of property whether as gift or any other way of transfer of property by regitration only.

Q: Property family dispute in cooperation

An ST property was distributed by the deceased father among his sons and daughters in scattered portions. One daughter has since died, leaving three legal heirs. Her brothers are preventing mutation, partition, and sale of her share, demanding money and issuing threats. Please advise whether the heirs can independently inherit, mutate, partition, and sell the deceased daughter's share, and what legal remedies are available against obstruction, intimidation, and non-cooperation by co-sharers.

Advocate Dhrubajit Karmakar answered
If the property is distributed in written as per legal decorum, each of the sons and daughters has abosolute right to use, sell, mortgage or whatever they want provided, any such transfer should be between St only.In case of any dispute with the property, the victim can approach the civil court for solution. The inheritance of such property must be established by valid evidence before the court. Each owner can also mutate their respective share from the concerned BLLRO.If there's any clash or obstruction from anywhere to enjoy any part whatsoever, the bonafide owner can approach the concerned SDO seeking injunction under section 163 BNSS.

Q: Can i get child custody after her 5 years of age, please give me the p

Can I get my child custody after her 5 years of age

Advocate Dhrubajit Karmakar answered
Generally, the custody of minor children goes to the wife after divorce. But being the father, the husband can also seek meeting or keeping the child by court order. For this, the husband needs to apply through court by lawyer. After hearing the grounds of legitimate requirement for the such application, the court decides for granting permission.

Q: Husband cheating with extramerital affair

Have a son but his father is willing to move out with a divorcee

Advocate Dhrubajit Karmakar answered
No person can abandon his/her children whether he/she remains single or married again in case of death of the wife/husband. Your query is not clear. If you are not well conversant with English, you write in your mother tongue also. Lets do it, you'll definitely get whatever legal suggestion you need.

Q: Validity of UAE Divorce Certificate in India

Hi, I have a UAE Divorce Certificate, using which I want to get valid divorce certificate in India. My partner did not want divorce but participated in all divorce proceedings. How can I get a valid divorce certificate of India ?

Advocate Dhrubajit Karmakar answered
A UAE divorce certificate is not automatically valid in India. Its recognition depends on whether it meets specific legal tests under Section 13 of the Code of Civil Procedure (CPC), 1908, which governs the conclusiveness of foreign judgments.