Advocate Mahendra Swaroop Kamthania

Questions Answered by Advocate Mahendra Swaroop Kamthania

Q: Grandfather wants to transfer his father's property to any person

Can my grandfather transfer his property to anyone.My grandfather is the only son of his father. Property is not self acquired property of my grandfather. My grandfather is a Hindu.

Advocate Mahendra Swaroop Kamthania answered
It is an inherent property of your grandfather as he is the only son. Hence, he has full rights to sell, transfer or keep the property. You have no legal right untill he is alive. After his death your father will be the legal owner of this property if your grandfather doesn't file registered Will.

Q: How to challenge a registered will to get share

I want to challenge registered will to get my share in that will?

Advocate Mahendra Swaroop Kamthania answered
Yes you can challenge registered will, file a civil suit on basis of the Will for declaration of ownership. Yes you can challenge registered will, file a civil suit on basis of the Will for declaration of ownership.

Q: Want to sell the property but other person threatening me not to do it

I wanna sell my house this house was belongs to my grandfather he has 3 son 1 daughter i m the daughter of first son before grandfather death he made a wasiyat he mentioned he would like to give his house to his first son daughter after his death and don't want to give there son and daughter after his death i registered house to my name now m the owner and wanna sell the house but grandfather 2nd son and daughter threatened me they will sent me jail if i sell this house what should i do now for selling house without any issues

Advocate Mahendra Swaroop Kamthania answered
If the Will is registered than you have full right to sell the house and your uncle & daughter will have no claim on the same. In case if the Will is not registered than fill a civil declaration suit on basis of Wasiyat and rest in other claimants to interfere in property in question.

Q: Accused in the a case of cheque bounce want to file an appeal

Good Morning, We are from accused party, we have lost case of cheque bounce, but we got time limit to file appeal. Cheque amount was 1.80 Lac. So we need to submit this amount before file an appeal in Session Court. But we don't have money, we request you to suggest us.

Advocate Mahendra Swaroop Kamthania answered
Either you deposit the amount or get a guarantor who can give guarantee on your behalf, otherwise you will be jailed. My advice to you is Appeal under time limit. It will be court's decision to put stay on arresting & recovery.

Q: Procedure to claim share in fathers ancestral property

My father sold an Ancestral Property in 2016 without my prior knowledge. I am the only son and my mother living with me. What is my rights as a son. Can I claim my share as a son.

Advocate Mahendra Swaroop Kamthania answered
Neither you nor your mother can claim your right on the proceeding from the sold property. Your father has full legal right to sell or keep property untill he is live. You can only claim your right after his death if he doesn't make any registered will.