Advocate Hansikaa Chauhan

Questions Answered by Advocate Hansikaa Chauhan

Q: Daughter in law harassing me and my son

I m a hindu. My daughter in law is harrassing me and my son also from many years. She never behaves properly with me. From last one month she is not even cooking food for me and my son. We have already trabsfered our house on her name. Now i want to ask how can i get papers back frm her and also what action can i take against her?

Advocate Hansikaa Chauhan answered
There are various Supreme Court and High Court judgment in favour of in-laws and Husband. You must file an Application in Senior Citizen's Tribunal for this. There the relief is given very fast without complicated court procedure. Was the transfer of property by way of gift? You have not given much details. You can contact me to provide more information on this to seek proper advice.

Q: Time period within which girl to file appeal against decree of divorce

Boy won the contested divorse on 1st dec and got the degree copy around 15th Dec. Till when can girl file appeal in high court? When can the boy remarry ?

Advocate Hansikaa Chauhan answered
The period of appeal is 90 days under Hindu Law U/S 28(4). There is a latest judgment of Bombay high court on the period of limitation and therefore it is 90 days from the date of receipt of the copy of decree and not 30 days.

Q: How to get master's certificate in case university dissolved in 2015?

My wife did mcom frm eiilm university इन 2012 she has marksheets of mcom but degree was nt issued in 2015 state govt dissolved the university due to forged document scam ugc authorised hrd sikkim fr issuing pending documents ऑफ students after repeated contacts and prividing documents hrd सिक्किम nt replying how wil ई gt my wife dicuments

Advocate Hansikaa Chauhan answered
The University is not authorized to issue degrees to the students as it has been declared illegal. Even if u would get the degree it will be invalid and in this age of digitalisation any employer can verify the authenticity of the degree as the list of fake universities is mentioned on the UGC website.

Q: Revocation or challenge of Gift deed

Can a gift deed be revoked or challenged

Advocate Hansikaa Chauhan answered
A gift deed is irrevocable in India unless it is a conditional will. You havent mentioned whether the gift is of property and also if it is registered or not. If the gift deed is not registered on the name of the donee/ recipient then it is invalid. Also if the Donor can prove that that the deed was made under undue influence, fraud, coercion etc, the deed may be cancelled. It depends from case to case. Your question is quite vague so it is not possible to answer in yes or no.

Q: When can a boy marry after contested divorce is concluded

Couple Got married in year 2007. There is no baby from the marriage and both are salaried. After 1 year of separation, Both boy and girl went for mutual 1st motion in Gurgaon in year 2012 court but girl backed off from 2nd motion and filed all DV/Maintenance etc cases in Delhi court against the boy and his family just before 2nd motion. Boy was supposed to pay 3L at time of 2nd motion and 3L cheque courier was rejected by the girl as she demanded 25L in women cell. Boy filed contested divorse in Gurgaon in year 2014 and won the case in Gurgaon Court on basis of cruelty and got the decree in November after the decree. Boy couriered the cheque but it came back. Girl changed the address so the boy has filed an application in court asking court to accept 4.2L cheque on her behalf as the girl's address mentioned in divorse decree in incorrect. When can the boy remarry? lot of lawyer says that boy needs to wait for 90 days, is it so? if yes, is it 90 days from date of decree or from date

Advocate Hansikaa Chauhan answered
The boy should wait for 90 days so that the limitation period for appeal may expire. Has the Gurgaon court mentioned in its order to pay the girl 4.2 lacs? If yes, apprise the court of this fact that the girl has changed her address. Do not deposit the amount in court unless you are directed to do so by the court...