Advocate Raj Kumar

Questions Answered by Advocate Raj Kumar

Q: can i get sell property on un registered will

i have a property on un registered will can i sell the property on un registered will

Advocate Raj Kumar answered
An unregistered Will can be legally valid in India, as registration of a Will is generally not compulsory. However, whether you can sell the property depends on the validity of the Will, whether the person who made it has passed away, the ownership and title documents, and whether any legal heirs are disputing the property. Before proceeding with the sale, the Will and the property documents must be legally verified to avoid future disputes or title complications. Please share the Will and the property details with me. I can examine the documents, advise you on the legal procedure, and help you establish a clear title so that the property can be sold safely.

Q: should I visit the court before summons I am not able to hire a lawyer

dear sir a case is registered against me just one week back tomorrow is first hearing I am not able to find a lawyer there were no official summons issued against me is it fine if I or my lawyer not attend the court tomorrow

Advocate Raj Kumar answered
Sir, even if you have not received official summons, I would not advise you to ignore hearing without first checking the case details and the court proceedings. Depending on the nature of the case and the stage of proceedings, non-appearance may create avoidable legal complications. An advocate may be able to appear on your behalf or seek exemption from personal appearance, subject to the court’s permission. Please share the FIR or case number, the sections under which the case is registered, and the name of the court. I can examine the details, advise you on the appropriate legal steps, and assist you.

Q: Contested divorce,file custody or not ?

Should I file custody under sec 26 or seperately under GWA if child kept away for years. Case moving slowly only reached cross, to begin soon. Will custody delay divorce, how long will it take from cross till decision if nothing is done. Will visitation be given without delaying divorce case.

Advocate Raj Kumar answered
If the child has been kept away for several years, you can consider filing an interim custody/visitation application under Section 26 of the HMA in the pending divorce case, instead of waiting for the divorce to finish. A separate petition under the Guardians act can also be considered if permanent custody needs to be decided independently, depending on the facts and jurisdiction. Filing a custody application will not automatically delay the divorce case; you can request the Court to hear the visitation issue separately and continue the divorce proceedings simultaneously. There is no fixed time from cross-examination to final judgment, as it depends on evidence, arguments, adjournments and the court's schedule. In the meantime, the Court can grant interim visitation, video calls, weekend access or holiday visitation based on the welfare of the child, so you need not necessarily wait until the divorce case is finally decided. I hope this suggestion will be helpful for you.

Q: If 5 people signed in relinquished deed, and 4 people wants to cancel

If 5 legal heirs signed in relinquished deed , later 4 people need to cancel the deed, is it possible

Advocate Raj Kumar answered
Hello, Yes, it can be challenged, but whether the relinquishment deed can actually be cancelled depends on the facts and the contents of the registered deed. If 5 legalheirs executed a registered relinquishment deed and 4 of them now want to revoke it, a simple unilateral cancellation deed may not be sufficient. If the deed was obtainedby fraud, misrepresentation, coercion, undue influence, mistake, or without proper consent, the concerned heirs canapproach the civil court seeking cancellation/declaration that the relinquishment deed is not binding on them, along with appropriate relief regarding their share in the property.If all concerned parties agree, a properly executed and registered subsequent instrument may also be considered,depending on the nature of the original transaction. I can examine the relinquishment deed and property documents and advise you on the proper legal remedy and, if required,handle the cancellation/declaration proceedings.

Q: If 5 people signed in relinquished deed, and 4 people wants to cancel

If 5 legal heirs signed in relinquished deed , later 4 people need to cancel the deed, is it possible

Advocate Raj Kumar answered
Hello, Yes, it can be challenged, but whether the relinquishment deed can actually be cancelled depends on the facts and the contents of the registered deed. If 5 legal heirs executed a registered relinquishment deed and 4 of them now want to revoke it, a simple unilateral cancellation deed may not be sufficient. If the deed was obtained by fraud, misrepresentation, coercion, undue influence, mistake, or without proper consent, the concerned heirs can approach the civil court seeking cancellation/declaration that the relinquishment deed is not binding on them, along with appropriate relief regarding their share in the property. If all concerned parties agree, a properly executed and registered subsequent instrument may also be considered, depending on the nature of the original transaction. I can examine the relinquishment deed and property documents and advise you on the proper legal remedy and, if required, handle the cancellation/declaration proceedings.