Advocate Rajesh Rai

Questions Answered by Advocate Rajesh Rai

Q: Does my mother in law has rights to dispose off inherited property

My Mother –in-Law became widow when she was 25 only having 4 daughters. Eldest was not married becoz of physical abnormality. Youngest daughter was divorced after 2 yrs of marriage having one son and since then staying with her mother. I am married to 3rd daughter in Delhi. My mother in law has inherited 12 acres of agricultural property from her in-laws (worth Rs 5 to 6 crores). She has sold 6 acres of land without our consultation. My question is… does she has rights to dispose off inherited property or make will in anybodys name without consulting her daughters??

Advocate Rajesh Rai answered
All the daughters and mother are equal share holder in the property. Though she cannot sell however if any portion is already sold that cannot be cancelled unless you get a decree of patition from the court or enter in family settlement.

Q: Procedure for division of joint property by mutual consent

I want to know the procedure for division of joint property by mutual consent.There are 3 properties of similar value held jointly in the name of 3 brothers and each one wants to take one property.What will be the procedure and ways for division by mutual consent? How can we save stamp duty? What documents will be required so that each brother will be a registered owner of the property that he is taking so that no NOC or any sort of affidavit will be required in future from other joint holders? Thanx in advance..

Advocate Rajesh Rai answered
Pl share the details of the properties viz agricultural or residential or commercial, location etc. Normally you all three can enter a family settlement and therafter the release deed will be executed by the sharers who are releasing the share. However, in this process normal stamp value is to be paid. In partition deed of registered the stamp duty is much lesser.

Q: Received divorce notice from husband what will happen if i refuse it

I'm an nri and my husband is in india we have two year old kid and child is under my sponsorship. He has sent me legal notice for divorce if i don't accept notice or refuse to receive it what will happen.

Advocate Rajesh Rai answered
If u do not recieve and the report of process server is that u ve refused then court will consider as refusal and it will be deemed that summons are served and the court may proceed ex-parte. Which is unnecessary and you may face problem if proceeded ex-parte.

Q: Can I file restitution of conjugal rights if wife is denying to stay

Hello, my wife wants to stay away from me because she wants to lead an independent life. I tried a lot however she is not coming and is threatening that If I use Restitution of Conjugal Rights to bring her back, she will file the case for sexual harassment, unnatural sex & will ask for divorce on these grounds but will never come back. We have a small daughter & I want her to come back . I have been sending whatsapp msgs expressing my love, affection, expressing the need of our daughter but she is saying to file mutual divorce & ready to give child custody to me but I want her to come

Advocate Rajesh Rai answered
Yes you can file restitution of conjugal rights petition in the circumstances.It is however, of not much help as you u do not have any protection by filing the petition even after filing your petition she can file dowry, harrasment case against you.

Q: Whether forceful marriage is void or not?

A boy age 23 years has been married forcefully by relatives and parents by emotionally blackmailing him. His parents threatened him of commiting suicide. So he had to marry. Is it a valid marriage. If not, can he marry a girl in court. If yes what is the process of getting divorce.

Advocate Rajesh Rai answered
Section 5 of the Hindu Marriage Act provides the void marriages and the conditions when these marriages can be declared void by th court. The marriage in your case is voidable if proved by you.so you file an application in family court for declaring your marriage nullity.