Advocate Pragya Pandey

Questions Answered by Advocate Pragya Pandey

Q: What is the procedure to transfer agricultural land to my son and wife? Specifically, how do I trans

Sir, I live in Varanasi, UP, and I want to transfer my agricultural land to my 13-year-old son or my wife. Could you please advise me on how to transfer agricultural land from father to son and what stamp duty will be imposed for the transfer of agricultural land from father to son in Maharashtra?

Advocate Pragya Pandey answered
You can gift the agricultural land to your wife but not your son since, he is aged 13 years and is therefore, a minor.Conveyance of a property by way of a gift deed requires the following;1. Signature/Consent of both the parties to transfer and accept the property.2. Registration of the gift deed3. Paying the requisite stamp duty. The State of U.P. does not provide exemption as to the payment of stamp duty when the transfer by way of a gift deed is made within a family. The Stamp duty payable is 2% of the market value of the property

Q: Procedure to file divorce because of mental health illness of husband

My father is having mental problem and getting treatment from IBHAS, delhi since 2014. Doctor prescribes anti-psychotic drugs on monthly basis. My mother is working in Aanganwadi. Problem is that father is abusive and harrassing my mother since starting. Now it has became worst. My mother is constantly living in fear and mental torcher. My father is not taking his medicines regularly and has taken full control over everything i.e money, documents etc. My grandfather had one property which was divided to three brother and himself. Now grandfather is no more and my father has in writing that this area belongs to him which is not registered anywhere. We have one property in Gzb which is in my name. Now Father and mother are living at GZB. So my mother wants to get divorce and to be separated from him but he is saying that I will not leave and will not give divorce either. Question is how to get separated from him.

Advocate Pragya Pandey answered
A Divorce Petition can be filed in such a situation in the Court of Principal Judge, Family Court of Ghaziabad. As per the circumstances stated by you a Divorce Petition can be filed under Section 13 (ia) of the Hindu Marriage Act, 1955 which provides the following as the ground of obtaining a divorce, "the spouse has, after the solemnisation of the marriage, treated the petitioner with cruelty" Further, your mother can file a Divorce Petition under Section 13 (1) (iii) of the Hindu Marriage Act which provides the following as the ground of obtaining a divorce, "the other spouse has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent"For making out a case under Section 13 (1) (iii) and successfully obtaining the divorce against the husband, the documents like the medicinal prescriptions would be of great help.

Q: Procedure to challenge the ancestral property on the name of brother

Hi, I need a legal advice. My brother has wrongly influenced my dad and got the fathers property registered in his name. Since the registry of the property is in my brothers name Can I challenge him in court? My brother is also looking to sell the property to a third person. Can I stop him doing so legally? My father being very old now doesn’t remember anything. Is there any way out? Right legal advice is badly needed?

Advocate Pragya Pandey answered
File a suit for the Cancellation of the Gift Deed/Sale Deed in favour of your brother on the ground of it been obtained by undue influence as provided under Section 16 of the Indian Contract Act, 1872. and thus the consent of your father to such a contract was not a free consent as defined under Section 14 of the Indian Contract Act, 1872.Also, if he has initiated the procedure of mutation you can file your objections before his name is entered on the records.

Q: Uncle and his children cultivated on my land forcefully what to do now

My uncle n his children cultivated my land 3acre forcefully. We were in another city for livelihood. Now I want to know the sections which a police can charge on them. What are the strict sections. They hv abused my father and younger brother, they recently bought a tractor and cultivated my whole 3 acre land. We had told them not to cultivate my property. Can police leave them without arrest. The partition had happened 3 years earlier and my dad's name is registered on document khatauni. Can police leave they without arrest. Plz tell me all eligible sections which I can expect them to be charged.

Advocate Pragya Pandey answered
You can at once contact the nearest police station and inform them in writing since such an act is cognizable and a FIR can be lodged. Offences made out against your uncle and his children can be under the following Sections of the Indian Penal Code:1. Section 425: Mischief - Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.2. Section 441: criminal trespass - Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered and unlawfully remains there. Punishment for the same is provided under Section 447, which includes imprisonment for upto 3 months; fine upto Rs. 500 or both.3. Section 504: Intentional insult with intent to provoke breach of the peace - Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.4. Section 506: Punishment for criminal intimidation - Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.Another remedy available to you in addition to the above stated criminal law remdies is the remedy of obtaining an Injunction under Order 39 Rule 1 and 2 of the Civil Procedure Code where on a plaint moved by you before the Civil Court an order restraining the trespassers from causing any further damage may be passed. A further claim of damages may be made for compensating all the losses you have incurred due to the trespass.

Q: Clarification as to the stamp duty exemption under UP land acquisition

In up new land acquisition policy 2011 , farmers should get stamp duty exemption on purchase of agriculture land, from compensation received from NHI,, through District authority, within a year,now they are refusing,clerify

Advocate Pragya Pandey answered
Under the U.P. Land Acquisition Policy of 2011 there are two kinds of exemptions provided;1. The developed land that is given in lieu of the land acquired is exempted from the stamp duty or the registration fee that is payable on its registration, and2. If the land owner purchases an agricultural land from the amount of compensation received in lieu of the acquisition within a period of 1 year then he shall be exempted from paying the requisite stamp duty or the registration fee.There is a possibility that the authority is refusing such an exemption to you for following reasons:1. The land that you have purchased from the amount of compensation received by you is not an agricultural land, or2. Since, the exemption is applicable only up to the value of the compensation received and not beyond that you have purchased at a higher amount than the amount of compensation received by you.