Advocate Dinesh Prakash Tripathi

Questions Answered by Advocate Dinesh Prakash Tripathi

Q: How to transfer a property if the owner has deceased

From sikh family.we have got a property after 32 years as case was going between my grandfather(owner) and tenant and my father paid money as we comprised and gave them money. MY grandfather died of cancer 3 years back so he was not able to make will and transfer the house on my grandmothers name . He has two childer ,one is my father who is elder and his younger son (my uncle )is dead. My uncle was married and one daughter The women he married to is a fraud she has done 3-4 marraiges after his death and had several affairs . She marries people and then put allegations on the family and claims money from them ,its her business.She is also a characterless women so we maintain distance.We want to get the house transfered on my grandmothers name but without her to be known about this property .she doesnot knows about this property and we dont want to give her a penny as she has already taken alot from us. Is there anyway we can get the will done ?

Advocate Dinesh Prakash Tripathi answered
When someone dies, there are lots of things to sort out. If the deceased person owned or part-owned a property, then this needs sorting as well.Working in customer service, I'm often asked questions about what to do when a property owner dies. So I’m going to try to cover the main issues and answer common questions here.Dealing with the deceased’s property can be relatively straightforward, but a solicitor is often involved in sorting out their affairs, including property. For that reason, people are not always certain what happens next.Usually, the deceased’s will specifies a named person to deal with the estate (or the deceased’s next of kin if there is no will). They are responsible for the legal affairs and will often obtain ‘probate’ (where there is a will) or ‘letters of administration’ (no will), which enables them to act as the personal representative. Probate also enables the personal representative to transfer or sell the property.

Q: Procedure to claim share in fathers ancestral property

My father sold an Ancestral Property in 2016 without my prior knowledge. I am the only son and my mother living with me. What is my rights as a son. Can I claim my share as a son.

Advocate Dinesh Prakash Tripathi answered
Your father cannot sell the entire ancestral property obtained. He can sell only his own Share if he sells your share then you have right to move the civil court for injunction application for restraining the sale of property. And you can claim within three (3) years

Q: As a son can I ask for share in property which mother bought

Respected sir/mam,I belong to Hindu religion & I've a question related to property issue-Can I get my share in the property purchased by mother(not ancestral) if we're 4 sisters&no brother ?All sisters are married the whole property was legally handed over to our elder sister at the will of mother,she has property papers ,our mother is alive & our sister locked up the whole property leaving the poor behind mother on the road.The house was maintained ,some of its part was reconstructed by my elder sister and I didn't spent any penny in the house's maintenance.Also notice that this is not our ancestral or father's property,it was purchased by our mother when our father expired.

Advocate Dinesh Prakash Tripathi answered
your mother is the absolute owner of the property. the property which she hold is called stridhana U/S 14(1) of INDIAN SUCCESSION ACT 1956 . according to that section she can gift the property to any body to her wish and will. any share in the property to avoid legal issues if that gift is not registered you ask your mother to register that gift property in your name from your query it appears that mutation is also over.your brother will not get any share in that property. he can file case at his own evidence and burden of proof is also lies up on him to prove the case.

Q: Husband unemployed can daughter ask a share in grandfather property

Sir there is a case 498 A and domestic violence ,and I have a five years old daughter ,my husband is unemployed and he is only son for their parents.....my question is.....my daughter eligible. To take property from her grandparents which is her fore fathers property not being purchased by the grand parents .kindly tell the rights of my daughter?

Advocate Dinesh Prakash Tripathi answered
Right in your father's share in the property that remains partitioned till date.You have a right in your father's share in the property that remains unpartitioned till date.The latest supreme court judgment will not be applicable to this position.Further this property which belonged to your grandfather shall not be considered as ancestral property in your hand.The share of your father out of his father's property shall be his absolute property in which as his child and one of the legal heirs, you are entitled to an equal share as per the succession laws. You can seek partition and separate possession of your share in the property, if they dont agree or not willing for an amicable partition or arrangement, you may aproach court for relief and remedy.

Q: Can I divorce my wife on ground of sexual relations with other men

After 12 years of marriage I got to know my wife is sexual relationships with man. As she spend one night in his ( her boyfriend) house in last January. She left mother home after saying that she is going to his home. But she went to his boyfriend house and sleep with him. And reach to my house next morning. As I got to know the same next day evening from my daughter who was in her nani home. Then I searched her call records and find she was continuously talking to her boyfriend from 2015. Then I found our society entry gate register. Where her boyfriend car entry on every 2nd and 4th Saturday. Also there was one more boyfriend entry who stay my flat for 4 hours in my absence with my wife. I just want to know that call statement and Flat register entry of two men in my absence on different different days, are enough to prove her sexual relationships with these men.

Advocate Dinesh Prakash Tripathi answered
yes you can divorce your wife on the ground of adultery . strict proof is sufficient as mentioned in question Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offense of rape, is guilty of the offense of adultery.According to Hinduism dictionary,” Adultery is sexual intercourse between a married man and a woman not his wife, or between a married woman and a man not her husband.”adultery is, as a general rule, proved by presumptive proof based upon;(a) circumstantial evidence;(b) evidence of non-access and the birth of children;(c) contracting venereal diseases;(d) by evidence of visits to house of ill-repute;(e) decrees and admissions made in previous proceedings; and(f) confessions and admissions of the parties which should be generally corroborated though in exceptional circumstances, even if uncorroborated may be acted upon.Therefore, it is important to understand that mere bald allegations by a spouse that his/her partner was having adulterous relationship with his/her lover after marriage, in absence of any cogent evidence, would not be sufficient to prove.