Advocate Jia Kapur

Questions Answered by Advocate Jia Kapur

Q: Want to know legal right exist in my brother given to my bua

My younger brother was adopted by my real bua & my father in his registered will made in 2013 wrote that he has given sufficient amount to my younger brother & onwards he didn't have any right in any property. In secession certificate I'm only the legal heir after the death of my mother. Can my brother create any problem his SIR name is different & he acquired the property of my bua/fufer. HINDU

Advocate Jia Kapur answered
If your father had registered a WILL in your name then you are his legal representative and no other can claim any right over those properties which have been bequeathed to you through the registered WILL. In order to prove the authentication of the WILL you can also file a probate petition for the same.For further legal assistance please feel free to contact.

Q: Maintenance case against my husband

My ex wife filed 125 crpc maintenance case against me but then we both came to one time settlement and I have given her alimony and i have divorce order copy. But she has not withdrawn her 125 crpc case. My questions are 1- can she re open maintenance case? 2- can she ask education money for child in future after one time settlement?

Advocate Jia Kapur answered
Was it mentioned in the mutual divorce settlement that she will withdraw all the cases before the second motion? If yes then you can state the same in the court where the maintenance case is being heard.Secondly, yes under the change of circumstances she can ask for maintenance for the welfare of the childFor any further legal assistance please feel free to contact.

Q: Wife is asking for Stridhan in CAW Cell......

Hello Team, Can you please suggest me what comes under stridhan list. It is only Jewellary comes under stridhan from both sides or all the clothes from both also comes under stridhan?? If my wife is asking for all the clothes/Jewellary from both sides in CAW Cell, What should be the next step??

Advocate Jia Kapur answered
Streedhan includes all the movable and immovable gifts given to a woman during the marriage, which included all the gifts offered to her like jewellery, clothes etc. from both the sides. You can handover the said article in CAW and get the receiving in writing that the said articles have been delivered by you to your wife.For more detailed consultation feel free to contact.

Q: Can alive Testator revoke a mutual property WILL after other death

A mutual probate notarized WILL is prepared by couples for their jointly owned property. Can the alive Testator revoke/ destroy the WILL after the death of the Testator-2. What to be done to revoke the WILL

Advocate Jia Kapur answered
In such cases you can modify your will by making a new will and you can change the conditions with your own free will. You can mention in your new will that all the wills made before this date stands revoked and cancelled.For more detailed consultation feel free to contact.

Q: Without divorce my wife changed my kid father name and surname

My wife ( without divorce ) living in relationship with married guy and not allowed to meet my kid.In school records she mentioned married guy name as my kid father name and sur name also …how can I proceed to punish both and I want my kid custody permanently..

Advocate Jia Kapur answered
First please write a letter to the school authorities and apprise them about the facts and request them to change the said details as aforementioned. Secondly, in order to get your child’s custody you need to approach the court for the same in accordance with law. For more elaborated discussion please feel free to contact.