Advocate Prabhat Kumar

Questions Answered by Advocate Prabhat Kumar (25+ answers)

Q: How to transfer property from grandfather to grandson? Can a grandfather gift property to his grands

Is there a way to transfer property from a deceased grandfather directly to his grandson without first transferring it to the father's name (who is still alive) with his consent? If yes, how to transfer property from grandfather to grandson? Can a grandfather gift property to his grandson?

Advocate Prabhat Kumar answered
Yes, the property can be transferred to the grandson directly with the consent of the father. The father must make a private partition in the name of your brothers and sisters and file it to before circle officer of your locality.

Q: How to apply for my uncle bail in a 498A case

My uncle has been attested n in custody bcz 0f IPC307 but after arresting police inspector remove 307 and kept 498a and Lower court has rejected the bail. Can we get the bail from HC. He is in custody from past 2months. 2 more family members are charged but not in Custody.

Advocate Prabhat Kumar answered
When an f.i.r. is registered a police inspector has to investigate and after investigation he should frame charges and can change the mentioned charges in the F.I.R. yes you can get bail from the high court even after the rejection from lower court.

Q: Clarification regarding drafting will or gifting ancestral property

Unmovable property purchased by my Great-grand-father, after partition among 3 Grand-fathers through Court, my Grand-father got a part of land and a part of house. He has two sons and a married daughter. After expire of my mother (left 2 sons) and aunt (left one son and 3 daughter) my father and uncle remarried. By second wife my father has a son and a daughter and uncle has a daughter only. My father and uncle built their own home and living apart from us. After re-marriage of my father they forget me and after 15 years they forget my elder brother too. we are living with my Grand-father. I am employed but my brother is not. My Father and uncle has filed a TPS against My Grandfather, myself and my brother for 1/3 partition of property among for Grand-father, Father and Uncle . My Grand-father was suffering from Lung Cancer, he gifted 1/3rd to me and my brother again he made a registered will for some more properties and passed away. pls tell me the legal aspects with reference.

Advocate Prabhat Kumar answered
as the property were transfered by the court your grand father had the legal title of the property alloted to him and he can transfer it to the person whom he wants to do. You should submit your paper properly before the court of law during the case proceeding.

Q: Kidnapping and attempt to murder what to do

Respected All We have filed criminal case of kidnapping and forcible marriage at district court because local police station did not taken our FIR due to influence and various pressure but now the case is ragistered with district court so it has taken around 3 month and two date has gone in which court has taken statement of two witness from our side and our advocate is telling that when statement of all witness will be taken than court will summoned the accused. My problem is it taking too much time we have sought court intervention for relief but we r not getting and but an only assurance from advocate that we will get relief but it will take time.so what is the solution for quick action from court and and another question is can we add more charges in ongoing case like some village fellow is warning murder of the boy and family member if we will not accept this marriage and we have tried for another fir at local police station but police not in our favour.

Advocate Prabhat Kumar answered
first of all you should file a case of life threatening which can be added with your case later. then you can pray to court for the quick trial of the case. Your advocate can pray the court on behalf of you.

Q: Not getting my right in ancestral property wants to claim that

My father was four brother out of which one brother recently expired.my father property is distributed among brothers not on paper.all brothers made their home including myself.i reside outside in job with family.to get a shed over head i made a home on first floor.then my brothers family also utilised that floor making one room.my parents with my elder brother family using all property.i made my home safe and smooth.gave them to use motor pump water but they used it and closed my water sewage telling u cannt flow water alongside my house.i was passing water since so many years.but intentionally wants to haraas me mentally.plz guide me full proof way to get rid of this dispute.

Advocate Prabhat Kumar answered
first of all you must file a petition for the proper distribution of property and then in this petition you can also claim the sewage problem to be shortout there. under the rule of law if you are using the sewage since a long time you have the right to use free passage.