Advocate Karishma Moza

Questions Answered by Advocate Karishma Moza

Q: Procedure to claim share in ancestral property

We have about 2 acres of Ancestral Property. My father named all of it in my Step brothers name 20 years ago few months before I was born. Is there something I can do about it? (religion hindu)

Advocate Karishma Moza answered
As per Hindu succession act, the parent can decide to share their property i.e if its his own self acquired property as per their wishes. They can either transfer the property to one child and not give anything to other or not give any share to any child its totally their wishes. No one can question that neither the law nor the child. Whereas if its an ancestral property then its needs to divided equally among all shareholders.

Q: Father bought property with his income can uncle ask share in that

Hi, My father and uncle(father elder brother), living separate and in different house/place from more than 25years. We have very very small land in our native say 1acre and currently no income at all from this. Now, my father and myself with our income we bought house, property, can uncle or his son can cliam our own earned property? What are the provisions for them on our earned properties. Please clarify. Your help is much needed.

Advocate Karishma Moza answered
On one’s self earned property no one has any right expect he himself. However, if the property is ancestral property it is supposed to be divided equally among all the successors. And in respect of the self acquired property its the purely the wish of the person how he divides or whether he doesn’t want to divide at all

Q: Legal procedure to claim rights in ancestral property

My grandfather has owned few property and now he is no more. So property has been transferd to my grandmother. My father has also passed away. Now do I have right in acquiring the property with the equal rights as that of with my uncle’s.

Advocate Karishma Moza answered
Yes as per the hindu succession act, all the legal heirs have right over the property. However if the will made by the grandfather disowns any of the legal heirs then that person will not get any equal rights in the said property.

Q: Age limit for the engagement of girls

Engagement age limit for girls

Advocate Karishma Moza answered
There is no age limit for engagement for girls Only thing is at the time of marriage the girl should be major in age I.e above 18 yrs of age and not a minor So even if engagement is done prior not a problem only marriage should happen once gets turns major

Q: Wife not being treated as wife by husband, what can she do

What legal actions can be taken agaonst a person who evenafter several years of married life denies his wife all the rights that a wife desrves including physical intimacy

Advocate Karishma Moza answered
If the wife is denied her martial rights, she can file for divorce , as it amounts to mental cruelty.if she doesnt want to divorce she can take consuelling session with a mediator along with her husband.