Advocate Himanshu Kapoor

Questions Answered by Advocate Himanshu Kapoor

Q: Sister's in laws not providing her money to meet her expenses

Sir, My Brother-in-law (aged 37 yrs) died two weeks ago due to some medical complication.He has left behind my Sister and her two children (8 and 6 years old). Now, as they don't have any financial means to cater to their daily expenses, my sister tried to ask for money from her father-in-law, but he summarily rejected it by saying that go and ask your mother. Then we told her father-in-law, that we would be taking care of her financial needs relating to her children's education and he should take care of her daily needs like grocery and all. But he is not ready to even this. Then, we put forward another option that if he could take care of the children at home than she will work somewhere to earn money, but he is not even ready to this. The house my sister lives in is in the name of my deceased brother-in-law and his mother who is also dead. What all legal options do I have to make sure that my nephews get their due part from that house and what is the procedure for the same. Regards

Advocate Himanshu Kapoor answered
Sir,In respect your aforementioned query, firstly please clarify whether your Brother-in-law has left any will or not? Please also inform whether the property is self acquired property of your Brother-in law or is is a joint family property. if not then under the Hindu Succession Act, 1956, the wife of the deceased and the children are entitled to one share each in the property. So your sister can approach the court and file a suit for partition with respect to the said property.

Q: Legal formalities for paying amount on foreign websites

I want to make shopping from foreign sites like ebay.com, Alibaba.com etc i can pay the amount through paypal. I want to know that is it legal? I have to intimate my bank before payment? What is the legal formalities for Individuals

Advocate Himanshu Kapoor answered
Dear Sir,In response to your query please note that it is legal to create a paypal account in India. While making payment through paypal you need to link your debit or credit card with it for making the payment, however it is not necessary to link your bank account while purchasing anything, the only time when it will be required to link your bank account is when you want to receive a payment from abroad through paypal, which is mostly the case with people who are working online and are frequently receiving payments through abroad. But, you being an individual can use paypal for buying stuff as you are just paying though your debit or credit card whichever you register with pay pal. So as such there are no legal formalities for making an account on paypal. Hope this resolves your query. In case of any legal query you can feel free to contact.