Advocate Kirti Parmar

Questions Answered by Advocate Kirti Parmar

Q: Can grandson claim share in grandfathers property

We have property in pitampura Delhi which was purchased by my father in law in his name but he expired in 1980. In 1984 this plot was constructed. Now my mother in law and my brother in law with his family are staying there. My husband have no guts to ask them anything & he even don't share with us anything reg this property. My mother in law construct on this property from the amount which she got after her husband's death. Now my qtn is what we will do? Can my son & daughter have any right on this property during my husband's suvival? We are Hindu family. My mother in law have 3 sons, 1 has

Advocate Kirti Parmar answered
Please seek partition of this property.Sinse your father in law has died intestate i.e. without executing any will, therefore, his all sons, including your husband,have equal right along with his wife i.e your mother in law in any property left behind by him. You can approach court to file a civil casr gor partition.And regarding right to your children, it flows throw thiwr father. So till your husband is alive they cannot claim a right in that property directly.

Q: How can Daughter in law claim property mentioned in the will

My Grandmother A has made a will that is unregistered an unprobate in the name of his 4 daughter in law. My grandmother has 5 sons and 3 daughter among them they give their property right to 4 daughter in law by a will which is not registered but signed under healthy circumstance. It was clearly written in the will that her daughter has no right in the property and she has given share to her 5th son already. Now their 4 daughter in law want to sell the property. So is possible to sell the property on that Will

Advocate Kirti Parmar answered
Since the will is not probated, it has not seen light of the day. Therefore, it is not valid.In order to own a property in terms of Will, one must get the Will probated.If Will is not probated, the property can be treated as ancestral and you can seek partition of the property by filing a suit of partition along with injunction to restrain them from selling, alienating, renting, or creating any third party interest in the said property.

Q: Husband left me and child how to get alimony and child support

husband left me and child. how to get alimony and child support religion hindu

Advocate Kirti Parmar answered
You will have to file maintenance case for the same.Futher the alimony depends on your and your spouse's circumstances.If you are also earning and able to maintain yourself, you may not get alimony for yourself, but that too depend on how much you and your spouse earns. If he's earning more then you, and you are unable to maintain yourself then he is liable to pay, and court would order so.For your child, he/she will get maintenance from their father, irrespective of the fact that you earn, because he is liable to maintain that child.Apart from maintenance case, you can file a divorce case to seek divorce on the ground of desertion.Further you can also file a case of domestic voilence.So overall you and your child can get maintenance.

Q: Who has rights on father's property after his death

A person used to stay in his flat with his brothers and sisters..after his death they are still occuying the flat and not ready to vacate it..but legally the flat should be of his daughter as she will be the owner after his father's death..what is the way to get the property.. Religion is hindu

Advocate Kirti Parmar answered
If this query has been raised by a daughter, then you can ceratinly file a case of possesion and declaration with permanent injunction to claim your father's property back.But you should also keep it in mind that this property completely and exclusively belonged to your father and the same us not an ancrstral property, in which case his brother amd sister will also have a share with you.

Q: Where can I file my divorce case in which city

My marriage was done in Delhi in 2005 and my children's are born in Delhi. My parents in Indore I am with my parents now I want to file domestic violence case against my husband and mother in low. I want to know that where is case run in Delhi or Indore. My parents are poor that's why I want that case run in Indore

Advocate Kirti Parmar answered
You can file case in Delhi. Since you got married in Delhi and resided with your spouse in Delhi, therefore, you can file case in the court having its jurisdiction either on a place where your matrimonial ritual took place or where you resided with your spouse in Delhi.