Advocate Jia Kapur

Questions Answered by Advocate Jia Kapur (200+ answers)

Q: Query about succession certificate in case of property deal

My father entered into an agreement to sell a property in gurugram which is in his and my mothers name. He passed away after 2 months of the agreement and there was no will. For property mutation, a legal heir document is required with me and my mother's name. Is succession certificate same as legal heir certificate? Do I need to apply for succession certificate in Delhi where we reside or in Gurugram where the property is? We have the surviving member certificate.

Advocate Jia Kapur answered
Surviving member certificate is equivalent to legal heir certificate and the same is applied and issued by the concerned authorities within the jurisdiction where the demised person last resided i.e., your place of residence. For immovable properties one doesn’t not require succession certificate. For any further information feel free to contact.

Q: Giving passport of daughter to wife

Hello, I have filed for contested divorce against my wife on grounds of mental cruelty. The wife is not willing in giving me divorce and is using my 4 yr daughter as a pawn to bring me back. She has filed a petition under section 151 crpc asking for passport of daughter which is currently with me. I have accepted it in writing that I have my daughter passport. Should I give it back to her? Or should I deposit it in court? Can I use the passport as leverage to my divorce and custody case?

Advocate Jia Kapur answered
First and foremost,you should deposit child’s passport with the court, as withholding a passport of the child is unlawful, as seeing the given scenario you don’t have the custody of the child. Therefore, it is advisable to deposit the passport rather than using it as leverage, as the same can land you in adverse scenario.For further and elaborative discussion please feel free to contact.

Q: my wife has filed a maintenance case again under IPC 125

if a maintenance is already granted in divorce case , can a wife ask a maintenance again in IPC 125

Advocate Jia Kapur answered
Yes she ask for a maintenance under Section 125 crpc however, you have the right to defend the same and if your wife is working or is educated enough to secure a job then all these factors will also be considered by the court while granting the maintenance. In order to provide with better advice you will have to share the full facts of your case. Therefore, for elaborative discussion please feel free to contact.

Q: FIR done and how to get stridhan recovery when police is biased

Got married in may 2025. Filed complaint in august 2025 for dowry harassment and return of streedhan. Caw cell meetings held but they never cooperated. Just before FIR they filed a RCR mentioning i took away all the personal items clothes cash jewellery. Now police is saying me to recover only bed almari by my own tempo and not focusing on jewellery and personal stuff. I know its a trap. How to deal with it?Procedure to get my stridhan all at once? Going to inlaws house compulsary or not?

Advocate Jia Kapur answered
In order to recover your Stridhan articles you can file a case under Domestic violence act in addition to the same, you can also file for monthly maintenance and all the other rights for which you are entitled under the law. For elaborate discussion please feel free to contact.

Q: Whether to disinherit or Not Mention Son's Name in Beneficiary in Will

I am a Hindu living in Delhi. I want to make a registered will making my daughters as beneficiaries and don't want my Son and Son's daughter to get anything after my death. Should I explicitly disinherit them in will stating that they should not get anything or just leave their name from the list of beneficiary and just name my daughters as the beneficiaries. What will be better option.

Advocate Jia Kapur answered
While making the WILL you can explicitly mention everything whatever you wish to include as your last testament. You can mention your daughters as the beneficiaries and can also mention about your Will of not giving anything to your son and his daughter. Both things can be stated simultaneously and it is always better to mention everything explicitly. We can make an elaborative WILL for you which shall include all the required information. For any further assistance please feel free to contact.