Advocate Mayank Upadhyay

Questions Answered by Advocate Mayank Upadhyay

Q: How to proceed for divorce due to harassment by husband

Hello I am a women from Indore it's been 2 months to my marriage and husband is very shakii person he harras and doubt on me from 2 day of marriage.. he doubts whenever I use my cell phone. Or talk to any body.. he keeps discussing to prove wrong things as right he insulted me in front of his and my family by pointing on my character.. he says m characterless. He doest have respect ..love and trust for me.so I tried to convince him lots of time but no change was therein behavior I found.him very egoistic.. he also told me twice u r not respectable for me if you u can get divorce .. so finally I m planning divorce.please give me your suggestions....What should I do..Or demand or can I go outside of city for any further studies or for any job.currently m staying in a girl's hostel..Because I don't want to be burden on any one..

Advocate Mayank Upadhyay answered
Ma'am depending upon the fact of the case a petition for the annulment/divorce of marriage can be presented before the competent court within the period of one year from the date of marriage. For any further detailed legal advice, you may contact the given contact no.

Q: How to disown son from family property

I want to disown my son from my property which is earned by me and also from our ancestral property. Kindly suggest the procedure for it. Is it necessary to publish this in newspapers, if yes in how many newspapers.

Advocate Mayank Upadhyay answered
RE:ANSWER TO YOUR QUERYIn order to disown your son from your property it is necessary to give paper publication any morning newspaper is okay who has circulation of more than 1 lac copies. However you can only disown him from property earned by your own and not the ancestral property.

Q: Forgery in acquiring the property of father by brother ?

My father has 2 brothers and, one of them forged my father's signature to acquire our ancestral home. Although my uncle who did this is a very rich fellow and the house that we currently live in is a pretty small one only and we have been living there since last 30 years. But the greed of my uncle didn't end and he forged my father's signature and now the two uncles they threaten my father continuously

Advocate Mayank Upadhyay answered
The acquiring of said ancestral home by your uncle is subject to challenge and the same could be challenged easily subject to limitation period i.e. 3 years from the date of coming into knowledge of the same. Therefore, an immediate action should be taken against them else the case would become weak.

Q: Symbolic Possession Notice pasted by bank on Building.

I leave in a flat of a multi storied building which have 10 Flats in total. Our builder have became a guarantor for a loan by mortgaging the Sale deed of the plot on which multi storied building is build.We have 7 registries of the flat which are done before the plot was mortgaged. 1)Do bank have any right to take the possession of this building in this case? 2)What legal action we can take against bank and builder. 3)In my sale deed of the flat,flat no,plot no,khasra no. and complete address is correct but in place of "Sector-A" "Sector B" is mentioned.Does my sale deed becomes fake ?

Advocate Mayank Upadhyay answered
Answer No. 1- No, the bank does not have any right to take possession of the building as the subject mortgage by the builder is a fraud played against the owner of 7 flats. apart from this, the bank has also not executed valid mortgage since it was required to check execution of sale deed in favour of the owners apart from conducting the proper title search. Answer No. 2 You can file a case of cheating and forgery against builder and bank both as bank could not mortgage the plot and especially 7 flats (the title of which is already in the name of 7 respective owners).Answer No. 3 Certainly, the sale deed executed in your favour is not valid, but the same can be rectified easily by way of execution of another document in your favour by the builder. Note: The above answer is based on the query raised by you and without perusing the documents, however, a proper answer could only be given subject to perusing of all the documents discussed in this regard by you.

Q: Have ancestral property paying tax but no proper documents how to sell

I want to sell my ancestral property. But It is an ancestral property which was bought about 100+ years ago and We dont have proper registration documents as that time there was no such provision. It is a commercial property having 10+ shops and a house. The tenants in shops are there for almost 30+ years , We want to sell the shops as well the house also. At Present ,we do not have any proof that it belongs to us . We have the WILL and we are paying property tax regularly.

Advocate Mayank Upadhyay answered
as the property is ancestral and you do not have the papers first you need to do the legal search of the records , in the office of sub registrars and in the revenue records , so that u can get the documents related to property and if you can get any papers proving the title in the name of ancestors than you can make a proof of that property. and than you have to get mutated the property in your name further getting all these documents only you can sell it further.