Advocate Kishore Lal Khela

Questions Answered by Advocate Kishore Lal Khela

Q: What to do if a wife is cheating and case is still in her favor

If a lady is married and whole property is on her name and she has an affair with another men then husband appeal a case of divorce and property against her wife for welfare of his children but the case is going in the favour of wife what should husband do

Advocate Kishore Lal Khela answered
You have to establish your case by leading cogent and convincing evidence, even if you fail in establishing your case and case is decided against you. You have a right of appeal against the judgment before the appellate court within period of limitations.

Q: Right to claim share in maternal grandparent's property.

Hello Lawyers I belogs to A sikh family and lives in Moga district of Punjab. We are two children of our parents me and my younger sister. Due to disputes in between our maternal and paternal family me and my sister lives separetely. She lives with paternal grandparents. Me and my mother lives in my maternal grandparents home. My father also favours my sister and in 2008 when i was only 13 he sold his entire property and gave it in the hands of my paternal grandfather for my sister's study and future maintainane. Me and my mother got nothing and even not informed about it. My mother is only daughter to my maternal grandfather and after his death his property was equally devided between my mother and grandmother. Bcz i got nothing from paternal property my mother and grandmother wants to gave entire maternal property to me.Now My questions are: Can my mother and grandmother made a transfer deed or will in my favour ? Can my sister ask for any share in that property? Plz advice ! Thnx

Advocate Kishore Lal Khela answered
As per query it is quite clear that your mother and grand mother can transfer property in your name through transfer deed. Even you can also make claim in your father's property if it was ancestral property.

Q: Wife eligible to claim share in husband's ancestral property

I am a 40 yrs old Sikh man. I live in Australia as permanent resident, but have Indian passport. I was married in 2007 in India to an Indian girl. She came to Australia after marriage, and later became citizen here. We have 7 yrs old daughter who is also an Australian citizen by birth. My wife has a job. I left my paid job 2-3 years ago, since then I have been trying to start my own business, but not successful yet. QUESTION: I own some ancestral assets (house and agricultural lands in rural area) in Punjab. All were bought by my family decades ago. No addition/alteration to assets after marriage. Can she claim part of my ancestral land?

Advocate Kishore Lal Khela answered
Wife cannot claim property of husband either it is self acquired or ancestral. Wife can claim maintenance and right to live in shared house, if she does not have any source of income and has been deserted by husband without any reason

Q: Time limit for appeal if the case is dismissed from court

Hi,We have civil case in district court from last two years.its regarding land issue with family members.Now judge gave the order that case is dismissed.Whats that mean and can we appeal against this order in session court.Is there any time frame that we can appeal against these orders.Thanks

Advocate Kishore Lal Khela answered
As I understand it would first appeal against the judgement of first court. If your appeal has been dismissed that means court has not accepted your case. Now you have option to prefer second regular appeal against the judgement and order of the District court within the period of 90 days.