Advocate Rajasri Manche

Questions Answered by Advocate Rajasri Manche (25+ answers)

Q: What are the legal rights on property of first wife as per Hindu Law

Sir, My father married my mother 41yrs back after having 3 children, he did another marriage 30 yrs back. Not given any divorce. After marriage with second women my father completely neglected my mother and her 3 children. We were lived with my grand parents(father side) and my father was totally with them. Second wife has also having two children, after 22 yrs they started neglected my father and almost he was thrown out of house by them. Again he came to my mother for shelter. Now he wants to transfer the house and agriculture lands on my mother name. All the properties he got from my grand father(fathers dad). Is there any claiming rights to them from my mother which was transferred by my father. Is there any issues will rise in such case. Please help

Advocate Rajasri Manche answered
The property which your father wanted to transfer in your mother's name is not ancestaral property ( the property in the name of your great grandfather is considered as ancestral), if it is his own self aquired property, then he has every right to transfer to your mother or for that matter to anyone as per his will and wish. If it is ancestral, your father cannot transfer the property. all the five children, from his first wife and second wife, will have equal share in that property, even though the second marrige he did is illegal and void as there was no divorce.

Q: A friend borrowed 5 lacs gave a cheque of 50000 which got bounced

Hello sir One of my friend took 5lakhs rupees in month of August 2017 as hand loan .he neglected paying back till december there is no response.in jan he has given a and submitted one cheque for 50000 partial payment .when we go to the bank it was dishnoured Please let us know how we need to proceed legally. And it was really fed up for us to recover money Please say us the solution to punish him legally Regards 

Advocate Rajasri Manche answered
Issue notice immediately within 30 days from the date you recived memo from the bank. Get the notice issued by Advocate to avoid any mistakes. Give him 15 days time for payment. If there is no reply from the defaulter file case within 30 days from the date of expiry of time given to the defaulter. THis time periods are crucial called as limitation period in law. Second option is to file a criminal complaint directly in court for cheating. Third option to file a civil case for recovery of money. Fourth is give a complaint to police for cheating.

Q: Removal of spouse name from passport but divorce not done yet

I need to remove my spouse name from my passport I have not gone for divorce yet I need to remove his name please help

Advocate Rajasri Manche answered
As per the Passport Act, removal of spouse name from passport is possible only in case of death or divoce from court of law. But you may give a try by filing a writ petition. Chances are very meagre.