Advocate Mamta Sarna

Questions Answered by Advocate Mamta Sarna

Q: Can a mother inherit her dead’s son properties/ assets with no will

My father passed away recently without creating any will My fathers brother just called my mom and said that my grandmother (who’s 88 and has major dementia- and she doesn’t even know about my dads passing) will be a legal inheritor - we don’t think this is fair at all- what do you suggest?

Advocate Mamta Sarna answered
According to the law, there is also a description of the parents’ share in the property.under the Hindu Succession Act, the wife, children and mother are the Class 1 heirs in a man’s property. If a person dies, his property is divided equally among the Class 1 heirs.The Class heirs refer to the heirs who are entitled to inherit the property of a Hindu male who dies intestate (without leaving a valid will)

Q: Child custody after ex parte divorce

If a mother is having minor child of 4 years and child is currently with the mother and she has been granted ex parte divorce decree and it's been more than 6 months, she is not yet married and child custody is not mentioned in the order so how can she apply for full custody with such an order inorder to go abroad without her husband trying to challenge the divorce order.

Advocate Mamta Sarna answered
u can challenge the divorce decree. youbcan also file the case for yje custody of child if u want to take the custody of child. u have to prove that your wife is taking divorce and custody fraudulently. for further query

Q: False 498A Case at Her Hometown in Jharkhand

hello, My wife/her parents were forcing me to leave my parents, cut all ties & stop any kind of financial support for household. I received summon with many allegation but for two allegations i would like to know if i can take any action:1) My character was assassinated2) It is mentioned i was given 3Lakh by her parents after marriage as we as family tortured herMagistrate removed couple of family member names while taking cognizance of case kept only 498A & removed other sections

Advocate Mamta Sarna answered
u can file divorce case against her. your wife has to prove that u had taken the money. if ur wife forced u to leave your parents that u can file divorce against her. U should prove cruelty done by ur wife. for further query contact

Q: Need to translate a petition from Hindi to English

Hi,I need to get my petition translated from Hindi to English and vice versa for a periotipn from English to Hindi in order to get my case transferred from a night court to Supreme Court. Are there professionals who can help with this translation.

Advocate Mamta Sarna answered
hi. what kind of petition. if u only need to translate then u can do it from anywhere. any typist or translator can help u to translate all the petition. no lawyer can translate the petition. for more query contact me

Q: Understand matrimonial alimony maintenance payment laws

I want to understand what are the terms and conditions of alimony payment or maintenance payment from husband to wife and how is it calculated? what formula is used to arrive at alimony payment?also what steps can husband take right from the marriage time so that he never lands up in alimony payment situation?

Advocate Mamta Sarna answered
terms and conditions of alimony or maintenance depends on your income and conditions settled between husband and wife. it is calculated according to income of both spouse. there is no straight formula.