Advocate Kirti Deshmukh

Questions Answered by Advocate Kirti Deshmukh

Q: Married daughter rights in HUF Hindu

My father has a HUF which was formed around 1972. He has 2 sons and one married daughter myself.We also became coparceners. In 2012 he made a partion deed and without my knowledge.and in that deed it was mentioned that all the coparenceres are giving there share to Father and HUF was dissolved.My name was not mentioned as coparceners in that agrrement. In 2017 he divided the property in both his sons and nothing was given to me. What is legal and what are option to me

Advocate Kirti Deshmukh answered
Dear madam by getting all papers you can file partition suit and the partition which was already take place you also chalange it and there are many caselaws from your side so that you can get your share

Q: Mother filed petition for only child's custody what to do

Mutual divorced. Once child custody handover to father. now mother asking custody. And filled a petition. Under civil M A. Please give advice.

Advocate Kirti Deshmukh answered
Dear madam i you get mutual divorce and at the time of divoce you give consent for your child custody to your husband then it is difficult bcz you alredy pass from stage of evidence but exactly in what word you interprite your consent by manupulating u can get cstody

Q: Can a disputed property be sold?

The room is currently in the name of my father in law but they had promised us that he would allow us to stay in the room but he did not do the same. And before that my father in law had transfered the room on my name and as he asked i gave half of the share of the room that was 5 lakh and the room value at that time was 10 pakh so now as the room is on their name i told them that i atleast want half the share of the room as i had given the same before and therefore i had filed a case in court to give me back my half the share n now this people despite of the court case have sold the room to a person who is fully aware of our case im court so is it legally possible to sell the room inspite of the court case? And that person has also come to stay in that room so wat do we do now?

Advocate Kirti Deshmukh answered
in your case whether you apply for stay and if stay is granted to you then till decision of the case property cannot be sold but if your father in law ready to give you your share in said property then make proper deed for that and after getting your share you can withdrawn your suit.

Q: Education loan interest subsidy

I had taken education loan from SBI in 2010 and is eligible for the interest subsidy plan by govt. My mortorium period ended in august 2014. But bank had not claimed for any interest subsidy during that period. Inspite that they keep on adding that interest in my principle amount and made my EMI accordingly. When asked about the benefit they always told me that it is not yet come from govt and will automatically get credited in my account. After paying increased EMI for around 1 year i stopped paying as bank was not reducing my EMI nor getting my subsidy.it's been 1 year since i didn't paid any amount. When i enquire now also they still say the same that it is yet to be disbursed. How can we resolve this situation.

Advocate Kirti Deshmukh answered
dear sir,first you have to apply collect all documents of your lone and after that make inquiry about the government interest subsidy plan. after that the clarifying the documents if there is any fault made by the bank then you can send notice for the same.

Q: What is the proceeding when a person is convicted for theft under 381

friend of friend was charged IPC 381 for the electronics things that were found to be stole by that friend who was working as store manager..the missing laptops,mobile phones were recovered by police..what will be the further process will that person be imprison or left by penalty..n the case was lodge by the head manager after a year..

Advocate Kirti Deshmukh answered
In your case till date only stolen goods are recovered only . the conviction is depend on trial begins then after on what evidence the prosecution proves the case prove the guilt. if in any condition prosecution proves the guilt and court convict the accused then you can file appeal. if your friends role is not prove by prima facie then file the discharge application in court