Advocate M Shivashekar

Questions Answered by Advocate M Shivashekar

Q: How to get father land in custody of sisters

My father's land (2 acres) occupy my two sisters without my permission how can i got land please help me?

Advocate M Shivashekar answered
in case if your father is not alive and died intestate without executing any document in favour of yourself and your sisters you have to fie a suit for partition and for separate possession against your two sisters claiming 1/3rd share by you and your sisters also entitled for 1/3rd share each along with you.

Q: Whether stamp duty applicable on larger share in property

is stamp duty payable on both the largest share and the separated shares in co-owners partition deed. or is there exemption to the largest share. thanks

Advocate M Shivashekar answered
one of the larger share is exempted from paying the stamp duty in a Regd. partition Deed. However in Partition Deed executed among the family members even if the stamp duty and registration fees exceeds more then Rs.20,000/- the stamp duty and registration is payable only Rs. 20,000/- irrespective of the value of the shares allotted after excluding is the larger share.

Q: How to file for divorce if the other spouse is not ready

hi, I am suffering with mental torture by giving the mother in law n husband, daily they torture for small small things like anything .for example if I close and the door is sound that is also a problem to them,for that also they shout. and I have 8 months baby girl, they wanted baby boy for that also they harass me, and I am fed-up with this and I want to get divorce and they are not ready for it

Advocate M Shivashekar answered
as seen from your question if your spouse is not coming forward to take mutual consent divorce you have file petition for Divorce on the grounds of Cruelty/ harassment / mental torture , Desertion, against your husband

Q: whether partition done on non judicial stamp paper valid

Our brothers did partition on non-judicial stamp paper. Now one brothers says he will not bind by that partition on stamp paper. He try to encroach land which is on his name. But nucleated through father properties. Can I still prevent him from tresspassing? Is this document enforceable by local police?

Advocate M Shivashekar answered
partition on non judicial stamp paper without Registration and without having paid sufficient stamp duty is not enforceable in the eye of law. Even though defect of non payment of stamp duty is curable. the defect of non Registration is not curable . Thus you cannot claim rights / share under unregistered Partition Deed.

Q: What is the share of grandchildren in grand father property

We have house on my grand father's name. He passed away 5 yrs ago. My grand father has 2 sons. His wife(grand mother) also passed way recently. In this two sons 1(father) is died in accedent month ago. We r two sons for my father. Another son of my grand father alive and he has 1 girl and 1 boy. Now he is trying to aquire that property. What is the share now. Will it distribute among the grand children or how? 

Advocate M Shivashekar answered
originally your deceased farther and his brother being the legal heirs of your grand father are entitled to share 1/2 each in the property left by your father. As you have stated that your father died leaving yourself and your brother and you have not stated whether your mother is alive. however all the legal heirs of your father i.e. yourself your brother and if your mother is alive she, along with both of you are entitled to claim 1/2 share in the property. you can file a suit for partition and separate possession against surviving son of your grand father and his children claiming 1/2 share in the property.