Advocate Gaurav Kandpal

Questions Answered by Advocate Gaurav Kandpal (25+ answers)

Q: In laws threatening me, what to do ?

I filed a divorce case and later my wife filed DV , Dowry, Maintainance on me. It's been 3 years. Now my in laws are threatening me and my family to settle this as they want. I want to file a counter and protect my family

Advocate Gaurav Kandpal answered
First of all you need to get an order for protection of yourself and your family from the Hon'ble High Court. After that, you must file your response in all the cases along with the protection order granted in your favour. There is a lot that needs to be discussed in this case.

Q: Please help mere baare m sochiye please me akela hu papa hai bache hai

Aap ye bataye ki agar me akela hu ladka meri wife hai papa hai mummy nahi hai paise dene ko wife mana karti hai mere

Advocate Gaurav Kandpal answered
As an unemployed husband you can seek maintenance from your wife if she is working and earns a decent amount of money. You need to strongly establish your case. If there are any children then who are they residing with? are you living with your wife or separately? does your father get any pension or other benefits?

Q: Uncle not giving property and not even saying any word about our share

my father died in 2001 and mother in 2006. we are two siblings. we have property in Almora district in our Village. in village, my uncle lives with his family. after Covid, we got to know that he has made khatauni and the property is divided in 3 parts (1 for him and 2 parts for other relatives). from his share, half the property should be ours as my father's legal heir. we do not have our name in gram panchayat as we have lived in delhi always. He is not giving clear answers for our shares.

Advocate Gaurav Kandpal answered
The answer is not that simple. First you need to find out who was the actual owner of the property and was it self acquired or ancestral. How did your uncle get the ownership of the property and what proof has he given before the revenue authorities. Also you need to file a civil suit before the appropriate court and also get an interim relief in your favour first.

Q: Owner has name in khatauni but no sale deed in his name

Owner of ancestral property has name recorded in bhulekh but no other documents. Can this property be bought?

Advocate Gaurav Kandpal answered
No. You must not reply upon the entries of bhulekh or any other revenue records alone. If the seller does not have a copy of the registered sale deed then ask him to get a Declaration from the learned SDM that the land belongs to him and he alone is the rightful owner of the land and is also in the rightful possession of the land. This is the least you have to do, also check if any loan is taken on that property or not.

Q: Marriage registration cancellation-reg.

यदि वास्तव में विवाह संपन्न नहीं हुआ था और लड़की तथा उसके परिवार ने मिलकर लड़के को डरा-धमकाकर एवं फर्जी दस्तावेजों के आधार पर 20 फरवरी, 2024 को The Uttarakhand Compulsory Registration of Marriage Act, 2010 के अंतर्गत विवाह पंजीकरण करा लिया है, तो ऐसे पंजीकरण को निरस्त कराने की क्या कानूनी प्रक्रिया है? लड़की ने शपथपत्र में यह घोषित किया है कि उसकी कभी शादी नहीं हुई वह अविवाहित है, जबकि लड़की ने पूर्व में एक अन्य व्यक्ति से तलाक लिया था। तलाक संबंधी न्यायालय के आदेश की प्रमाणित प्रति भी उपलब्ध है

Advocate Gaurav Kandpal answered
As per the Hindu Law, you can approach the Family court for cancelation of marriage on the ground that it is voidable under sec 12(1)(c) of the Hindu Marriage Act, 1955. You need to prove it beyond doubt that your consent was taken forcefully and you never wanted to marry out of your own will.