Advocate Niraj Kumar Mishra

Questions Answered by Advocate Niraj Kumar Mishra

Q: Transfer of property from mother-in-law to daughter-in-law

Please tell me how a mother-in-law transfer her property to daughter-in-law. In this case son is expired only daughter-in-law and her three children were living with mother-in-law in her husband parental home. How can we executed the said things. What we have to do for the same ?? can you please guide me for the same.

Advocate Niraj Kumar Mishra answered
If the property in question is your Mother In Law ( MIL) self acquired property then she can transfer it by way of gift or sale deed in your favour. But in a case your MIL had inherited it then she can only transfer her respective share in property, pls clarify it

Q: Where to get information about succession under Hindu Law

Suppose a person A have inherited a property later when he died doesn't have any will and have no successor in class 1. this person A have 2 brothers and two sisters. Both brothers have died few years after person A death and never claimed over succession of person A property. So now who have claim over person A property if all files for letter of administration in the court and sisters wants equal share in property between them only? Will only alive sisters get equal share or dead brother's sons and daughters will also get equal share in property?

Advocate Niraj Kumar Mishra answered
After death of A, property of A is automatically divided between brothers and sisters as 1/4th share each as per Hindu Succession Act. Therefore dead brother's son and daughter have right over the property.

Q: What property details are required for filling a divorce case

Firstly,I am ready to file a divorce case(Hindu marriage act) against my wife on the basis of cruelty and my advocate required a details of financial status (last 6 months bank statements)& property, Assests details and need to know that these documents are necessary to provide. Secondly,me and my mother have 2 flats on joint holder basis and let me know thats both the property details need to show at time of submission the divorce file. Thirdly, need to know that Financial,Property,Assests details are how much important at the time of filling the divorce case

Advocate Niraj Kumar Mishra answered
As per guidelines of High Court of Delhi, It is now mandatory for parties of matrimonial proceeding to file Affidavit of Assets, Income and Expenditure . So please provide the same ; (last 6 months bank statements)& property, Assests details 2 flats on joint holder basis.In case you did not file it I will be amount to perjury

Q: Procedure for the share of the aunt in father's inherited property

my father left me a property which was inherited from his father. After my father expired on 1983, i haven't visited the property till date but i have been paying all land taxes regularly by myself. on the said property my aunt(elder sister) with her family is leaving from last 45 years, now they want share on the property. can they claim legally?

Advocate Niraj Kumar Mishra answered
HI Since your father expired in year 1983 being absolute owner of the property, even though he has inherited from his father, your aunt can't claim any right. Your aunt can claim if your father would have died after 2005 as per amendment in Hindu Succession Act.Note ; It is a prima facie opinion , detail answer could be given only after going through the documents Thanks