Advocate Pradipta Varma

Questions Answered by Advocate Pradipta Varma

Q: I am a hindu married woman. My father passed away recently without making any will. I have my mother

I am a hindu married woman. My father passed away recently without making any will. I have my mother and a married brother. Without my knowledge and informing me, my brother had emptied my father's bank balance, his mutual fund investments and all the gold he had kept in his bank locker. My mother had been a mental patient since last thirty years and has be utilised by my brother. Can I challenge all this ? Will I have a share in my father's immovable property viz agricultural land and the house he built ? Since my mother is still surviving, will the property be divided into two parts or into three, my mother's share, my borother's and mine ?

Advocate Pradipta Varma answered
As per the Law , being a hindu woman , you have got equal rights over all the movable and immovable properties of your deceased father, along with your brother and mother . you shall have one third right over the properties , And if your btother illegslly took away the gold etc. properties of uour late father ge can also be punished under criminal laws ..

Q: MCD Agreed ? 498A and 4DP pending

After 6 years of legal battle of CP Divorce and CRP Maintenance, we have agreed for MCD. we are living separately for 6 years nowMy Query ?1. What is the process of MCD ( time taken or given by court etc etc.)2. Should I pay the one time final settlement before or after the withdrawal of the 498 A and 4DP 3. Can she back out from MCD after taking the money 4. what if MCD is dismissed after she rescind from MCD at a later stage. Will there be any consequences that will affect me after that ?I don't want to pay her before the withdrawal of the cases against me. I don't want to pay in even parts or installment. Kindly guide me through.

Advocate Pradipta Varma answered
As the Divorce caee is pending since such a long time , the Courts shall not insist for 6 months of minimum period of Time, as is normally required for a MCD. In your case also , it shall be considered as a Mutual settlement , than a Mutual Consent Divorce. And when all settlement issues are taken care of by both the parties, the Divorce Order can be passed in one day, by tge Family Court. And answering your other questions , I may suggest you , to take care of the withdrawal of the Criminal cases ( 498A etc.) and DV matter , before paying any settlenent amount / Alimony for Divorce.. In many instances , wife's side do not cooperate in withdrawing criminal cases / DV cases or also do not cooperate in getting the Divorce , when they get the settlement amount in advance. One need to be very careful in arriving at such a settlement , when multiple cases ard pending . But it is legally possible to get all such cases resolved simultaneously . And I suggest , you to pay the settled amount, only after criminal cases are withdrawn and only on the date, fixed for passing the Divorce Order, Not before that . And this type of arrangement can be made by executing a Settlement Agreement between the Parties, before proceeding further.

Q: How to proceed for rectification deed, if principal is died.

My grandfather sold plot A to the outsiders through the registered sale deed in 1998. My mother got plot B through the registered settlement deed in 1991. Recently we came to know, that in my mother's settlement deed, plot A number is mentioned instead of plot B number. The boundaries and measurements are written correctly. My grandfather died in 1994. How to proceed for the rectification deed. Since my grandfather is died, what are the other options are available for correction of plot number?

Advocate Pradipta Varma answered
Please correct your dates given in your question . You have written , your Grandfather died in 1994 , then how he sold his Plot A in 1998 ? And I assume , your mother is in possession of Plot B since she got the same after the Regd. Settlement Deed. And I assume the outsider also is in posession of the Plot A , after his / her Regd. Sale Deed . Now, as your Grandfather has already died , of course No rectification Deed can be possible. The Only Legal remedy is , to approach a Civil Court , for filing of a Civil Suit for Declaration of Right , title and interest and also posession over the Suit Land , other remedies can also be added , like Adverse posession , and / or Permanent or madatory Injunction , depending on the situation , which can be discussed and assesed , after verification of your documents

Q: Appeal Withdrawn And Case Disposed In MATA, High court

Appeal has been withdrawn by appellant in high court.Divorce allowed by family court.maintainancr not granted.high court disposed the case.Can a fresh suit be filed by appellant/respondent?

Advocate Pradipta Varma answered
Need further details , reg. who was the Appellant in High Court. otherwise also No fresh suit can be filed by Appellant . Fresh Appeal could be filed by the respondent (in High Court) , if he / she has not participated yet in the previous High Court Appeal proceedings, subject to limitation laws ...

Q: Property Dispute Query Inherited Property

My Grandfather who passed away in 2003 has a residential property of 6000 sqfeet.. he has 3 sons and 3 daughters of which the elder son and second are not alive. Also my grand mother passed away in 2005. My father is the second son who stays in the same residential property and has no other house. May father has been maintaining the property and has been paying for all the bills and taxes for the last 20 years also he was only person to take care of my grand parents till thier last breathe. Now the other share holders especially the two daughters forcing my father to sell of the property and take their share to which my father is not willing to do so considering his age (72). Is it possible that the other share holders can take legal route and force my father to vaccate the property? As my father did so much, can he legally claim for a higher or major portion of the property? Can ther share holders claim for a partition of the that house and occupy a portion?Need your help

Advocate Pradipta Varma answered
All the six Children of your grandfather have equal rights over the property of your Grandfather. Your father has got only one sixth share of the property. Any of duch six siblings can file a Partition Suit and claim one sixth part of the said property. But none can force your father to sell it . And the property can not be sold, untill all the share holders agree . And others also can not ask your father to vacate the house. And if your father has spend any amount for the Maintainance or for any other purpose related to thd property , definitely he can claim compensation for the same from the other shareholders . But hd can not get a higher or major portion of the property.