Advocate Gyan Prakash

Questions Answered by Advocate Gyan Prakash

Q: Ensuring Married Daughters' Rights in Agricultural Lands: Impact of Supreme Court Judgements

As per the amendments to the Hindu Succession Act (2005), married daughters are granted equal coparcenary rights in ancestral or paternal properties, including houses, lands, or agricultural land. However, in a recent case in Uttar Pradesh (UP), after the father's demise, the family composition (Parivarik sadasyta) listed included the widow, sons, and married daughters, yet the land revenue records only reflected the names of the widow and sons. Subsequently, the widow and sons sold the agricultural land without listing the married daughters' names. This has raised concerns about potential injustice towards married daughters' rights. Considering landmark reforms and Supreme Court rulings aimed at ensuring equality under the Hindu Succession Act (2005), what remedies could be pursued in such scenarios?

Advocate Gyan Prakash answered
As per recent Act, it is not possible that the new executed sale deed becomes null and void.however you are free to claim certain percentage of the last sold land.this is the possibility only with respect to your factsmfor more you may contact me

Q: Is buyer liable for delay penalty in case of Subvention Payment plan

I booked a unit in Noida under subvention scheme in 2015. Unit was to be delivered in June 2018 but the builder offered possession in May 2022. Kindly suggest will I be able to claim Delay Penalty from Builder under RERA

Advocate Gyan Prakash answered
Yes, you can. Delayed Interest+ Rent+Legal cost.May file yourself or through any Advocate. Enclose all the documents like Agreement, receipts, loan Agreement, etc.However 6 months during 2020 COVID time is exempted from any penalty All the best

Q: DM office Greater Noida is done the recovery.

DM Gautam budha nagar has done the recovery of my amount from the builder and builder has given in the affidavit that my full amount with interest is refunded to DM office also rera is confirming that my recovery has been done but Account department has been not recieved any money from the DM office. I have send many mails to DM and File a RTI and First appeal but DM is not Replying to My mail. I want to do case against DM office for not refunding my money also I need the Delay penality from DM

Advocate Gyan Prakash answered
Whether Rera has sent you an email for affidavit submission with bank details or not? If the Builder has submitted an affidavit then to whom? You have two options1. Meet the Hon'ble chairman or Registrar at Rera Noida office personally. They shall help.2. RTI response?3. move under writ, if above point no.1, fails.Regards

Q: Need to file Divorce mutual but we don't know how yo start

Hi i have got married in may 2022as per the terms and conditions of my husband family, my father gave cash and other home appliances as well, for us then after some time my husband start doubting on me and want me to leave my job for which i denied in return he start fight with me for such reasons now i left my inlaws home and staying with my sister And continue my job now i want my clothes and belongings as soon as possible because as

Advocate Gyan Prakash answered
You are required to file the case under Section 13 of Hindu Marriage Act. Contact your local lawyer and may file the case. If it is mutual then shall file exemption/waiving off 6 months waiting time period as well.All the bestRegards

Q: Asking for an affidavit that i won't file any case

I applied for correction in my dob (which increased my age by three years) and father's name in High School UP Board and it has been pending since 2013, at last now when I tried to withdraw my application the board office is asking for an affidavit which says i will not file any case in court or seek any legal help, and i won't try to get it corrected in future.What should I do?

Advocate Gyan Prakash answered
Asking for such an affidavit is prohibited. Further, null and void in the eyes of law. You may sign and get your issues resolved. Later go to Hon'blee HC and get it challenged incase you still want to pursue it furtherAll the best