Advocate Rajesh K.S

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Questions Answered by Advocate Rajesh K.S

Q: Gift deed of dispute property to son and construction

My Grandmother has written a will / gift deed of self purchased land to my Father in 1999 and my Father died interstate, and all brothers and sisters have signed on a registered document stating that property given to my dad is ok, but in 2017 one of my uncle who has signed the document filed a case stating he needs a portion of the property since he has not received any property from my grandmother.. 1.will this case stand and for how many years as still the case is in court ? 2. Can my mother now gift deed this property to me and is there any risk involved from my uncle or court in this ? And once the property is gift deed and registered to me can I start construction on this land ? Still today there is no stay order on this property.

Advocate Rajesh K.S answered
If it is your grand mother's self acquired absolute property then no one has a right to question her gift deed. Your uncle dnt have any right to question the same . As your father died intestate your mother and you being his children will get the right in the property and no one else has any right

Q: Regarding cancellation of illegal gift deed through court

Mr.X has a clear title of a property thru sale deed executed by Mr.Y since 21 years.After 21 years Mr.Y has done gift deed in favor of his wife who requested for permanent injunction IN LOWER COURT & WAS dismissed.Now how can Mr X get the gift deed be cancelle.

Advocate Rajesh K.S answered
Once it is sold it can't be revoked and also it is hopelessly time barred. You have not mentioned who has filed suit for permanent injunction if it is by Mr.X then he dnt have a right to file that. What is the relation of Mr.X and Y you have not mentioned .

Q: Can an agricultural land gifted by husband to wife revoked?

My father has two wife's and my mom is second one. She works in a government firm. My mom bought(paid money) a property in my father's name a long time ago. But now he changed property name to my mom's name under gift deed two years back without the sign of his first Wife. And he is of 60years of age now. Can he or her(first wife) take the property back?

Advocate Rajesh K.S answered
In case of first wife's survival if man goes for his 2nd marriage then his second wife will never get a status of wife as per hindu law. Hence, gift of self aquired property can't be questioned by your father's first wife or children. But your father can file a suit for revoking the same with an substantial reasons before court

Q: illegal claim of a lady as 2nd wife to diseased father, rights of son

I am the only son of my late parents. My father did not work for more than 30years as my mother died in accident i was 8 yrs old. my mother was a Government employee. now recently my father died. now some lady claiming herself as second wife sending legal notices to claim movable and immovable properties of my mother and maternal grand mother and all the death benefits from transport and her department, insurances, site etc of my mother who was a Government employee maintained by my father. he received family pension till his death. She herself is a rich spinster no children having two house, Government pension, agricultural lands etc. I just want to claim legal rights. Still if she goes cruel can I claim her property as she is childless and has fabricated documents as second wife to my father. please advice.

Advocate Rajesh K.S answered
The lady can't claim any of your mother's property at any cost as per law. Coming to your father if she has a evidence to prove that she is a legally wedded wife of your father after your mother's death then ofcourse she can claim rights in your father's property

Q: Divorce case stayed in high court

I want to ask that if my divorce case is taking up a long time as it is contested, can i move on with a new partner and live together with her in India .Can that go against me in any manner?please advice

Advocate Rajesh K.S answered
As per law you can't marry anyone unless the court passes Judgement And Decree by dissolving your marriage. If it is getting delayed then you can file a petition before high court and request to direct the subordinate court for a speedy disposal of the case. You can live with your partner in a live in status but still if your wife will get any evidence regarding the same she can use it as a evidence before the court against you by tarnishing your image