Advocate Mayank Soni

Questions Answered by Advocate Mayank Soni

Q: verification of thumbprint on a will

my parent has made a will on which she has put her thumbprintsuppose the will is challengedhow can it be proved that the thumbprint is hers and genuine ?

Advocate Mayank Soni answered
as per your query to prove the will is genuine one must to do it by verifying the statement of the witnesses to the will, that the will was exexcuted in their presence and she made the thumb impression voluntarily

Q: Removal of co owner share on the basis of not obeying mutual agreement

(i) One house in joint three brothers (X, Y and Z) name. However, the entire cost of purchase of land was paid by two brothers (X and Y) only and a joint bank loan. The registry deed does not mention on ownership of each brother. (ii) An agreement was executed dividing the house in three-part floor wise and roof on the joint basis. Although Z never obeyed the same and did not pay the bank loan although it is mandated in a written agreement. (iii) X and Y paid the bank loan through negotiation as the bank intend to sell the house. (iv) At the same time, Z became violent and three criminal cases are lodged against him and his wife. (v) Can we acquire their share and if yes under which rule.

Advocate Mayank Soni answered
Yes the share can be acquired. A petition under specific relief act needs to be filed to make sure that either the brother pays his share of the amount to your brothers or forfeit his share in the property

Q: Need to recover property papers from aunt after the death of father

Can I get back that property papers? my aunt younger sister of my father they took the property papers and I need justice I want to know there is any law to help me to get back my grandfather's property papers?

Advocate Mayank Soni answered
Yes you can get the papers back. If the papers are registered then you can seek the information through RTI and apply with the concerned sub-registrar and seek the certified copies. Which are as good as the original copies. If the papers are not registered and the same are with your aunt and uncle and they are unwilling to return those papers you could file a suit for mandatory injunction and seek the production and possession of the papers.

Q: Mutual Petition for divorce after contested petition is cancelled

I am about to file mutual petition and 1st motion for my divorce. Contested petition was cancelled last month as both parties have come to settlement. 3 years separation. Can I change my lawyer? What are the charges of filing this and the motions? I would like to request immediate 2nd motion.

Advocate Mayank Soni answered
Yes. You can change your lawyer at any time. Court fee is very nominal for filing the motions. And yes after 3 years of separation second motions can be filed within one week of the first motion. You can contact me

Q: How to make payment under gift deed

Hi one house property is transferred from my maternal grand mother to my mother with duly registered gift deed. now my mother wants to pay share of 7 lacs each to all her 5 sisters with her own will. now property is transferred through gift deed which has to be without any consideration; then how to create document of this payment to all sisters, payment will be made through DD in name of all sisters. what proper legal document can be created which defines there share is paid and they do not have any right on this property (gift deed no consideration factor need to be kept in mind) Regards

Advocate Mayank Soni answered
File a suit for specific performance...