Advocate Dinesh Kumar Garg

Questions Answered by Advocate Dinesh Kumar Garg

Q: Share of the son and other legal heir in the property

Ager kisi zadad ke four owner hai aur ek dead ho jai aur uske two son hai to OOS zadad mai equal roop se kine owner honge

Advocate Dinesh Kumar Garg answered
Us jaydad ke four share hi rahenge three share Will be of three alive co owners whereas fourth share will go to two sons of decreased fourth owner . Sons of deceased owner will get fourth share of their deceased father

Q: How to challenge the dismissal order of court in a property dispute

My father took a piece of land from his elder brother before 25 years back for a sum of 20000 and made a notary for the land. Before 10 years he refused and said i did not sell.Then we made a case against him before 9 years and won as he was not attending the dates of court and court gave the land in our favour and dismissed the case. what does this mean ? Or we won the case. Can he go to higher court for appeal as it has been 1 year as the case was dismissed bcoz i need to make a boundry on that land . I fear if he bring any stay order. pls suggest

Advocate Dinesh Kumar Garg answered
He has every right to file and appeal against the orderwhere by your case has been decreed. As per your query a period of one year has been passed where as period for filing appeal is 30 days to the DJ and 90 days to High Court

Q: Reopening of murder case took place in jaipur 17 years from now

I was of 8 months when my father nd his family murdered my mother,she have white paches in her face which was operated by my maternal parents before her marriage,now i m of 17 or next to 1i dont have ny information abt the case what i only knew is they burn my mumma, the case was filed in jaipur and continues only for 2 nd half year afterward no action were taken against.i live with my maternal grandparents which were my certified parents as well.bt when i was of 18 i have a right to choose to whom i want to live with 4m the last 17 yrs they never made ny attempt to meet me bt now as per some sources they want my custody,i desperately want to reopen the case as injustice nywhere threats to justice everywhere. I dont have the case no. Nd i wanna to knew abt the case details what should i do plz help..

Advocate Dinesh Kumar Garg answered
I can understand your engiety but when you have not any particular about the case than it is not possible for any body to help you. You may take help of your maternal parents to know about the whereabouts of the case

Q: How to resolve dispute in joint family property

 we have a two story house, on the ground floor I and my family lives and on the floor above my uncle and his family live. we are living together for 24 years . from last 10 years my uncle is creating problems like abusing and threatening and was not paying electricity bills . so 7 years ago my father allowed him to take a new connection on his name for that floor. now 2-3 years back and now when i was not at home he and his son beated my father and mother as my father has still not filled a complain against them. now they are saying that they will never vacate the house.as my brother is in army and i work in bank in m.p and my parents live there .House was bought by my father and the property belongs to him and is in his name(my father) it is neither joint nor encestral .if we takes a legal action how much time it will take for us to win and we force the out by any method so that there is no legal action taken against us( they have all the address proof for this address)

Advocate Dinesh Kumar Garg answered
From your query the status of property is not revealing weather it is in the name of your father or it is joint property or it is encestral property which is not partitioned so I am unable to give you perfect advise

Q: Want to sale a joint property of a mother and her 10 year son

Sir my sister wants their house to sale but problem is that registry of this house named my sister and her 10 year son .Sir she just lost her husband so she doesn't have any income source. Can she sale it.

Advocate Dinesh Kumar Garg answered
It is not clear from your query that weather the house in question is self aquired property of your sister or it is encestral. Any how your sister very well can sell it for the benefit of her minor son.