Advocate Jayashree Patil

Questions Answered by Advocate Jayashree Patil

Q: What are the grounds to apply for a divorce

I want to apply for divorce

Advocate Jayashree Patil answered
There are many grounds for divorce one can proceed :1. ADULTERY 2.CRUELTY3. DESERTION4. CONVERSION5. LEPROSY6. VENEREAL DISEASESand many more, on the above grounds divorce can be proceed but depending on the facts.

Q: Father passed away he has 2 houses does mother have a share in them

My father passed away recently due to heart attack and he has 2 houses. One is self created property which is 2BHK apartment and another one is my grandfather's property (my father has constructed house but land was inherited by my grand father)which is individual house. My father has 3 sons and 1 daughter. Individual house was locked and nobody was staying there but after my father's death my sister has broken the lock and started staying in individual house. Now she is asking partition of 2bhk apartment which is rented as of now and rent is one source of income for my mother apart from 4k family pension so now we don't want to do a partition. Can my sister come and stay forcibly in apartment. And also does she can force us legally for partition? Does my mother also have share in above said property?

Advocate Jayashree Patil answered
First of all after your fathers death you all became a legal heirs, yes your sister can claim her share in the said property,and your mother will be having 1/5 share in the fathers said property, she can approach to the court for the partition.

Q: What is the procedure to partition parents' property?

My in-laws have 2 sons and 1 daughter. daughter is married. First son is no more. My husband is 2 son. My in-laws passed without making any will. We have a old house in our village. My sister in law is willing to give up her rights over it. My husband's brother's wife intends to demolish old house and put new construction in ground floor and wants it registered in her name. We intend to put up construction in first floor and wants it to be registered in my husband's name. Is this possible ? whats the procedure ?

Advocate Jayashree Patil answered
1. if it Is this a Ancestral property then according to the Hindu succession amendment act 2005 the female heirs have equal right in a property,2. you have 1/3 share in this property.3.you can go to the tahasildar office with the following documentsi. Death certificate of your parents.ii. property tax paid receipt.iii.ration card or birth certificate as which can show the relation between you and your father, iv. application form for mutation and fees receipts you paid for it..4. Once the mutation is done, make one release deed / gift deed in the name of your sister-in law.

Q: do revenue department has powers to cancel gift deed

Is revenue department as powers to cancel gift deed and release deed

Advocate Jayashree Patil answered
1. No revenue department has no powers to cancel the gift deed.2. It can be cancelled by the mutual consent of the parties and in other way its lies on courts whether the deed was executed by fraud, undue influence or coercion

Q: Rights of legal heirs when a will is executed

Hi Sir, I sold a land 2 weeks back which was a self acquired property by my grand mother and willed it out to the grand son (me), now my sister says she will put a stay on it and fight a case, is this possible, please advise.

Advocate Jayashree Patil answered
First of all grandchildrens cant claim right in grandparents self acquired property and being so tgeir kegal heirs like son, grandson daughtet does not acquire any right title and interest in it on the strength of birth of through law of succession they can not enforce the claim by legal means, but in your case according to the will made by your grand mother, you are the absolute owner of the mentioned property so no one can claim the right in it and if your sister is making disturbances or creating any problems in between you and your property purchaser then you can file the case for injunction.