Advocate Hemant Jadhav

Questions Answered by Advocate Hemant Jadhav

Q: Wife is staying at matrimonial home husband left home staying at other

Wife is staying at matrimonial home husband left home staying at other place due to wife's harrasment and still bearing wife's expenses Wife has put maintainance case will husband has to pay maintenance to wife

Advocate Hemant Jadhav answered
if wife file crpc 125,0r DV maintenance case ..but court not given interim order husband need not paid expense.... Hemant Jadhav Jalgaon more details other wise husband take proof of expenses .and put before court at the time of interim order

Q: Can I modify my reply and affidavit

My wife went to her parents home for a routine visit but then never returned. She filed 125CrPC against me 2 years ago. I have filed my reply and affidavit of assets. Evidence not done yet. No interim order has been passed yet. Now I feel that I should amend my reply and affidavit of assets and file A "Restitution of Conjugal Rights" application. Is it possible to do this? we both are Hindu.

Advocate Hemant Jadhav answered
without permission of court you can't.,..first you file amendment application because CRP 125 application aslo apply some civil procedure and some criminal procedure....it's depends on your ...more inquiry... Hemant Jadhav Jalgaon

Q: Hindu male died intestate can widowclaim properties together in court

Hindu male died intestate in 2017.His father died in 2005 and mother died in 2021.He does not have wedlock. He has one brother and two sister. He has 3 rooms in chawl but different jurisdiction. One in village near panvel, one room in Navi Mumbai and other room in SRA in Mumbai Suburban.1. While applying for a legal heirship certificate can widow put all properties together ?Or do we have to take seperate legalheirship certificate in different jurisdiction? 2. As husband died in 2017 and mot

Advocate Hemant Jadhav answered
yes you can file succession case at out of one property jurisdiction.. no need to file separately succession suit in every jurisdiction court ...first preference for class 1 heirs, then class 2 heirs then after class 3 share ... Hemant

Q: transfer of property after joint owner demise

wife and husband joint owner of property in thane city .After husband's demise need to transfer it in wife's name husband has left a will stating self acquired movable and unmovable property joint held or single held should be transfered to his wife.society is asking for a release deed from their son and daughter to transfer it in his wife name.what is the correct procedureis succession certificate necessary in case of a will ?plz guide

Advocate Hemant Jadhav answered
if husband left will wife can file suit for execute will and appointment administrator... that time son and daughter or other heirs of deceased can challenge execute will proceeding but court order is final..

Q: Father passed away without a Will

My father passed away without a Will. My father bought a commercial property 40 years ago on his name and doing business in partnership with my uncle. now uncle claiming ownership in that property. we are Hindu family. also my step sister's son also claiming rights on that property after death of my sister. My mother is alive without any income for living.Please advice how to sort this issue.

Advocate Hemant Jadhav answered
if there is no Will for self gain property don't worry ,you may file civil suit and succession application for you are legal heirs of your father property . court may decide your share in your father property.