Advocate Pawan Gupta

Questions Answered by Advocate Pawan Gupta (25+ answers)

Q: Daughter's right over father's property

In a Hindu family, can a married or unmarried daughter, claim share in her father's property, during his lifetime. Does the father has right to rufuse to give her any share in the property.

Advocate Pawan Gupta answered
Yes she has a full right same as son in the father's property. During partition either she is marrird or unmarried .father can refuse to give share to her but only regard to his own self acquired property if the partition is about ancestral property father cant refuse to give the share

Q: Wrong Name registered in Parivaar Register by Illegitimate child

We're living in hindu family in UP and my father was married around 1970-80 but he left his first wife due to her different relationship with other person but she have one child which was not born from my father as he noted since begaining. Later my father got married and now we're son of his 2nd wife and living with father in from childhood and 1st wife got mairred with some other person too.Now 1st wife's son used their power and have add his name in our family (Parivaar) Register Record without my father acceptance and also shown 2nd mother(our mother) as his mother in record. And also from childhood 1st wife's son is not living with our family too. Since he added his name in record he is trying to get share in my father's ancestral property and assets.Although my father was unable to take any action when that's all happened but now we want to remove his name from parivaar register and also want to know how we can file a case against him.Any advise can give us right direction.

Advocate Pawan Gupta answered
If he is not the son of ur father then by birth he has no legal right over the ancestral property according to hindu law..as I see this is a fraud committed by him.in such case we Apply FIR on this of fraud

Q: Cousin brother has been murdered

My cousin brother has been murdered 2 months before . In that murder police is not retrieving proper information to us . In our concern the murder had been caught by police but the one who has planned the murder is still away. Please help me what I need to do further

Advocate Pawan Gupta answered
In this situation first of all u need to calm ur self ...firstly tell me the complete details at the time of murdered ..do u know who murdered him? any doubts ? if yes then we Apply FIR directly for investigation then if police not help us then will go to higher authority it's our duty ...Is there any FIR against that person who killed him? postmatam was done?

Q: Arya samaj marriage ki h lkin but registered ki

Dear sir/ madam, Mene 11 July 2018 ko Arya samaj marriage ki thi . Uske baad me apni pdai complete krne chla gya and meri wife apne ghr rhne lgi.Me apni wife se milta bhi rha bich bich me. Problem yh h ki ab uske ghar walo ko pta lg gya h shaadi ka and wo mna kr rhi h mere sath rhne k liye .Mane shaadi ko registered nhi kraya tha .But mere pass shaadi ke photos h and Arya samaj marriage certificate h.Iske alawa ab uske ghr wale marne ki dhamki dete h and kahte h ki kisi ko bina btaye meri wife ki shaadi knhi or kr denge.Please kuch suggest krr. Thanks

Advocate Pawan Gupta answered
Aisa Nahin ho sakta ki Bina Talaq ke shaadi ho jaaye . yah shaadi legal hai . arya samaj certificate hai aapke pass ? Bina aapke marzu ke ghar wale dusri shaadi nahin kar sakte Na hin aap kar sakte hain yah Apradh hai isliye yah Bhul jaaiye ki aap ki dusri shaadi ho sakti hai

Q: Quashing Of Maintainance Of Crpc 125

Sir, I have given maintenance under Domestic Voilance as permanent of Rs. 4000 per months. Now Crpc 125 proceeding in continuing on me. How can I quash the proceeding of 125. Please give the section details in which I can quash it. Any laws in this regard please mentioned. Thanking you very much . Surjeet Kumar , Lucknow

Advocate Pawan Gupta answered
gharelu hinsa ya bharan poshan ki Rashi ke sambandh mein ek hi mukadma chalk Sakta hai . dono ek sath Nahin chalega..court main application submitt krani hogi .AAP mujhe contact kar sakte haiya mil sakte hai