Advocate Harish Saxena

Questions Answered by Advocate Harish Saxena

Q: Division of ancestral property after father's demise in JHM.

We are 2 brothers and 2 sisters. Last year my father passed away without making any will. My mother is still alive. He had properties at 3 places. First ancestral property in our home town. In second city father had purchased a house and an agricultural land. In third city my father has made a house on a plot. Before father died, he has told me, mother and sisters that property he purchased in second city will be given to me only and at other two places will be divided equally. This was also told to my brother personally by father. few of my relatives are also aware of this distribution. But all this was done verbally and no will was made by father. Now my brother is refusing that he was never told any such thing by father, whereas my mother and sisters are aware that my brother is lying as father has told this distribution before he passed away. I know legally my brother has equal share on all properties but can something be done legally as both my sisters and mother are in my favour

Advocate Harish Saxena answered
There is nothing called a verbal will, All your properties will be devolved as per Hindu succession law. For which you can consult me with documents and details. Nothing more than this can be detailed at this moment.

Q: Court stay order not permitting usage of land

If a piece of land is registered and purchased by me 16 years ago with complete legal procedures now after 7 years of purchasing court ordered stay on not only on my piece of land but also on complete feild of land using for residential purpose by by number of people...so does my land is applicable for home loan or not?

Advocate Harish Saxena answered
Unless it is govt as party challenging the sale , it is time barred, and the stay can be challenged. If it is legal then no loan can be procured. come to me with full details then i can give a final opinion.

Q: Daughter's right in father's property after transfer to son

Can a daughter claim her father's property? Father's death was in 1974, at the same time the father's property was all transferred to the son

Advocate Harish Saxena answered
It has to be reviewed, on what grounds it was transferred to son without NOC from daughter. Conatct me with all details then i can give a concrete advice. It is difficult to pass a comment on this much detail.

Q: Legal action against non payment of salary dues of six months

Sir, I am working with an Engg. College in my area. Owner of this institute not clearing my dues, that is salary of six months. Along with me there are10 other people which face the same problem. Kindly suggest us what to do?

Advocate Harish Saxena answered
File suit of not maintaining the contract, because i think you might be working on contract. and need to see the grounds of holding the salary, along with the terms of contract. Contact with details then i can give final recommendation.

Q: Transfer of property to be received by late grandfather as per will

My great grandfather has a handwritten will on which he has mentioned that the property belong to brother of my grandfather ( grandfather brother is mentally retarded ).As a caretaker , after his brother the property will belong to my grandfather. Now the situation is that my grandfather is no more but his brother is alive. Now what action we can take to transfer the property in the name of my father.

Advocate Harish Saxena answered
Your grand father comes in picture only when his brother no more remains, Now the situation vests fully with his brother. If he has no heirs then after his death will come to your father as per succession and not through will.