Advocate Khushboo V Malkan

Questions Answered by Advocate Khushboo V Malkan

Q: Need advice in complex situation

Hello,I want divorce from my husband. The situation is bit complex and I have 100s of questions as how to proceed.I am NRI and my husband has done domestic violence with me many times and demanded lot of money including money spent in marriage. He has done horrible cruelty with me abroad as well as in India. Current situation is he is coming back to India forever and I want to file divorce but my job is in another country and I want to file a case while I am abroad. What is best way?

Advocate Khushboo V Malkan answered
You can file a case in India..n whenever there is need you can come down to india.. it hardly nees2 3 times to come to india for singing documents or whenever judge pass order or direct to remain present in person

Q: Rights of daughter on property when father's death before 2005?

My father died on 1974. my mother died on 2007 & i got married 1985. I have 4 brothers. I would like to know that, can I have equal rights on my father property(Land) ? [even after Hindu Succession (Amendment) Act, 2005 ] Religion :- Gujarat

Advocate Khushboo V Malkan answered
In a verdict that can have a cascading effect on matters related to partition of ancestral properties with regard to equal right for daughters, the Supreme Court has declared that the coparcener rights are applicable to “living daughters of living coparceners as on September 9, 2005, irrespective of when such daughters are born.”

Q: Does child have right on property after mutual divorce?

After mutual divorce and said alimony paid, do kid have any right on father's property ? Is the responsibility of kid's needs and livings still depend on father? Please help

Advocate Khushboo V Malkan answered
It seldom matters whether you or your spouse own the property. If you are married – irrespective of the fact that a divorce petition has been filed – you have the right to occupy the property. If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property.

Q: How to disclose father's will after his death

How to open my father will.he not more

Advocate Khushboo V Malkan answered
As soon as your father died, his property became his probate estate. If he left a will, his property will probably be distributed according to its terms by the probate court. You must complete certain steps to get the probate process started.