Advocate Manish Kumar

Questions Answered by Advocate Manish Kumar

Q: Legal status of the illegitimate child in India

How Indian law will help, if a girl got pregnant before marriage and she wants to continue with the child and the person is denying to give child a legal acceptance, that too they are not in living relationship.

Advocate Manish Kumar answered
you have not clear what do you want, as per hindu law, after marriage a child born whether ligitimate or illigitimate but they are legally entitle to get maintenance from their parrents. suppose parents are not sufficient then family member like grandparents are legally bound to give maqintenance.

Q: Mutual consent divorce process and its cost

What is the procedure to file for mutual consent divorce? What is the cost?

Advocate Manish Kumar answered
Mutual consent divorce means both party are agree to sign on petition without any grievance and objections and file petition thruogh counsel. Court records statement of both party and after six month at the time of second motion court give a order where both party start their life seperately.

Q: Advise on illegal possession of property

Meri property pr dusre admi ne zabardasti kabza kr liya h

Advocate Manish Kumar answered
Contact to lawyer and give a complaint to concern SHO after that file a suit against the person who have illegal captured your property. You can bring civil and criminal case against the person. You shoild have property's paper alongwith petition

Q: How can i Appeal in HC for a case against BSES Rajdhani

Due to some mistakes by my learned counsel, I mistakenly went the Permanent Lok Adalat to fight a case against BSES Rajdhani. Instead of being able to fight the case on its merits, I was forced into a settlement which I didn't want. How do I appeal to the Higher Court? In case an appeal is not possible, what other legal recourse is available?

Advocate Manish Kumar answered
I would like to clear that the matter is sent to the Lok Adalat with consent of both party. After deciding the matter, you want to withdraw, now you have to follow the legal p[occurred and matter will reopen in the same court.

Q: Parents expired how to register ancestral property in our name

i m having a ancestral property ..and we are 3 brothers our parents are no more.. how can we register that property in our name in 3 parts ..what is the legal procedure

Advocate Manish Kumar answered
According to Mitakshara, the son has a right, by birth both in his father’s and grandfather’s estate but as has been jointed out before. a distinction is made in this respect by Mitakshara itself. In the ancestral or grand father’s property in the hands of the father, the son has equal rights with his father. The property of a male Hindu dying intestate shall devolve firstly, upon the heirs, being the relatives specified in class 1 of the Schedule and secondly, if there is no heir of Class I, then upon the heirs, being the relatives specified in class II of the Schedule. Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession. Firstly take death certificate and produce it in concern department as well as contact to lawyer.