Advocate Rajesh Kumar

Questions Answered by Advocate Rajesh Kumar

Q: Procedure to get married to a cousin brother under Hindu law

Hello I'm X (Hindu) Kya Mai Apne Papa Ke Maternal Cousin Brother Ki Beti Se Shaadi Kar Sakta Hu, It Is Possible In Hindu Laws. Please Reply Sir/Mam I'm In Big Trouble. Reply ASAP.

Advocate Rajesh Kumar answered
Dear Sir,You can get marry with the girl as the provisions of Hindu Law prevents you.That girl is your sister and in Hindu Law no body can marry with his sister and in case will get marriage with your sister then the said marriage will come under the prohibited degree of relation.

Q: Can a property transferred by way of gift deed be challenged

Hi, my father has 2 children. My sister and I. My parents are separated and my sister has sided with my mother. They are fighting a divorce and maintenance case currently. My father wishes to gift to me his only ancestral property to ensure that my sister does not file for a claim on that. All his other properties are self acquired and not ancestral and we have been advised that she cant legally claim any part of those. My question is that if we get the Gift deed registered property. Can my sister challenge it in court later claiming that her rightful share was not given or is my father able to execute per his wishes? Many thanks

Advocate Rajesh Kumar answered
Dear Sir/MadamAs shared by you about your query.Yes your father can transfer the title of his self acquired properties by way of registered gift deed and your father can also gift you his undivided share of ancestral property way way of registered gift deed. Your sister will not have right or locus to challenge the same before any court of law.

Q: Clarification regarding share of daughter in property

I am Hindu married women living in delhi with my husband and school going only one daughter. My background is my father was retired Govt. servant and my Mother is housewife. We are two childern's of my father i.e. myself and one elder brother. In whole life my father was purchased all property in the name of my mother to save property tax etc., Matter is that my father was died on 2011. I was very close to my daughter he always told me that you are equally share holder of my property. Now, my mother and my elder brother is totally deny to give me any share/part of property which was earned by my father. Please advice me being a hindu women can i claim for my share in the property. It is necessary to mentioned here that my mother is housewife and brother is unemployed.

Advocate Rajesh Kumar answered
Dear Madam,As shared by you about your query.Yes definitely you can file a suit for partition against your mother and brother for obtaining 1/3rd share in the properties of your deceased father as per the women right to property act 2005. But if any property was in the name of your father then it is very easy and in case the properties are in the name of your mother and brother then you can also file suit for partition and in that situation your will have to produce one or two witnesses of your relation or friend circle.

Q: Filing of additional documents in civil suit

Respectfully it is stated that I am the plaintiff in a civil case. My crossing has just been finished. I want to file some additional documents in my case. How can I do so? Please advise

Advocate Rajesh Kumar answered
Dear Sir/MamAs you shared about your query.You can seek the permission from the court by filing an application under order 8 rule 1A read with section 151 Civil procedure code and in which you will have to mention the reason for filling those documents after completion of your cross examination and in case court will find the satisfactory ground then the court will easily allow you for filling those documents.

Q: What is the process for mutation of mother's property

My mother passed away in Feb 2018. The house property is to be mutated in my fathers name. There is no will. The property was mutated to my mothers name in 2011, for which letter from the MCD is available. What is the exact process for mutation to be followed, whether online or manual, and process fee/cost involved? The death certificate is issued by North Delhi MCD, Karol Bagh Zone.

Advocate Rajesh Kumar answered
For the mutation of the property you can apply for the mutation in the office of municipal corporation in your name in case you are only legal heir of your mother or in case some other person is also legal heir of your mother along with you then the property will be mutated in name of all legal heirs. Municipal corporation will also charge some nominal charges for the mutation.