Advocate Monish Chopra

Questions Answered by Advocate Monish Chopra

Q: Procedure for division of property among legal heirs

My father died in 2016 and he did not make any will..we are 1 brother and 2 sisters and Mother..Could you please advise, how to divide property among ourselves. Legal way to do it. so that it wont be a trouble for my mother in future. My mother wants to divide it so that there wont be any conflicts in future. Please advise

Advocate Monish Chopra answered
As per law the self acquired property of deceased shall devolve upon all four of you in equal share as all of you fall under Class 1 legal heir of deceased. Sons, daughters, wife , mother all fall under Class 1 legal heir

Q: Legal procedure for dividing property among siblings

My dad passed last year, and noy my mother wants to divide all the proerty and watever savings etc among 3 kids (one son and 2 daughters), all are married and have their own kids. could you please advise how to do this legally , so that there wont be any issues in future. Thanks

Advocate Monish Chopra answered
Go in for a Family Settlement Deed. If the Division of family takes place by mutual consent it would be best and Family Settlement Deed shall suffice, however, if anybody doesn't agree than you'll have to file Partition Suit

Q: Can lawyer be changed when case is still going on in J &K

A Civil Case in Trial Court(sub_judge) is in progress. The respondents have submitted their arguments in form of Affidavits. In their affidavit they highlight few points like i) My land is the only passage to their house. ii) That the peice of land is recorded as Gair Mumkin raasta in revenue records I had installed an Iron Gate at the entry point of this land, which the local municipal body demolished on the request of the respondents. Currently they are being asked verbal questions in front of Sub Judge, which is being recorded. I am plaintiff. Now that I feel that my lawyer is asking vague questions, I have following queries. 1. If I hire some new lawyer, can he be allowed to ask questions to those respondents, whose statements have already been registered / recorded ? How advisable is this ? 2. On what parameters, should I judge if my current lawyer is asking appropriate questions ? Regards

Advocate Monish Chopra answered
No doubt you have every right to engage an Advocate of your choice. Without going through the cross questions it would not be appropriate to comment upon questioning pattern being adopted as what line of action is to be adopted may vary and depends on various factors, so no comment on that. Regarding recalling of witnesses for cross examination on the ground of change of Advocate that seems very rare chances.

Q: Father died interstate wants to do division of the property

Unfortunately my father died 2 years back and we are 4 brothers. There is no will and we have property and logically divided among ourselves but there is no documentation done. As one of my elder brother is not signing any settlement document. So,My question is what should we do to legalize this and transfer property to respective brothers. My mother is alive but she is not also having any papers on her name to make decision. Let us know what should we do to resolve any conflict in future if one of us is not agreeing for settlement

Advocate Monish Chopra answered
All of the agreed person / legal heirs may file suit for Partition thereby mentioning about the private division against the brother who is not signing the settlement deed and if he still makes objections , lead oral evidence to prove private partition

Q: Son claims a share in father's property

My father has been expired last 4 year back but brother taken rent of our shop and all thing. i m still unmarried but & living seperate from on e room & what is my share the property and what is the processor to follow for it

Advocate Monish Chopra answered
If your father has died intestate , without making any Will of his Properties, Definitely you have every right of Share in the Property being the Class 1 legal heir. You can file suit for Partition by metes and bounds