Advocate Rajinder Pal Singh

Questions Answered by Advocate Rajinder Pal Singh

Q: Wife has illegal posession of Parental property

I am going through a marital dispute and my wife has taken illegal possession of my parental house and is not vacating it. She is asking for a huge amount is exchange for vacating the property. My parents have expired but the property was gifted to my sister-in-law by my mother. We tried to get her ousted through 12-6 application but that was dismissed by sessions court. There is one issue with our suit, we started on the wrong foot by serving here a notice as a tenant. I can explain more when we talk.

Advocate Rajinder Pal Singh answered
Wives have right to residence in the property where she resided with her husband during the course of marriage. Matrimonial home is one thing not to be confused in this case. This is a bit tricky situation. You need to redraw your entire strategy and undo the previous. A change in gaurd will do miracle in your case.Thanks

Q: Can person who get ownership of property by will make will for same p

Can person who get ownership of property by will can make will for same property further.

Advocate Rajinder Pal Singh answered
A property acquired by way of will is beneficiaries self acquired property in case property in the hand of his testator is self acquired property. Because it's nature is self acquired therefore you can also make a will of the same as per your own wish and desire.Thanks

Q: False FIR filed under 156(3) by wife against the family members. How t

Wife filed false fir under 156{3). How to defend it. How that FIR can be quashed ?n120b,307,420,354,498A etc.

Advocate Rajinder Pal Singh answered
Falsity of FIR can be seen in different ways by different persons at different stages of trial. Defending a trial is an art and a concrete strategy is required to deal with the same. It can be quashed in case it satisfy the criteria mentioned in Bhajan Lal's judgment of Supreme Court.Thanks

Q: Trasfer Petetion Hearing Time Frame And Personal Appreance

Senior citizens and me must to come to SC to get trasfer petition hearing? Generally how long does it take to come to bench of SC for trasfer petition? If trasfer petition pending at SC ,what will happen to trail at city Court ?

Advocate Rajinder Pal Singh answered
There is no need to physically appear in the Supreme Court. You engaged Advocate on Record or counsel may appear on your behalf and make submissions. Listing is a different issue and depends upon how you maneuver registry. Generally. Supreme Court stays the trial till pendency of transfer petition.Thanks

Q: Regarding the hiring of the attorney in district court

I want to hire an attorney in district court as my brother took the possession of the property in his name. I also have the same property documents in my name. Now is it worth to hire great lawyer in district court who charges an exorbitant amount, as the chances of winning the case will increase and also my brother will need to pay my all attorney fees when he will lose the case?

Advocate Rajinder Pal Singh answered
SirIn case you have title documents of the property in question in your favour, but not having possession of the same, then immediately go for filing of civil suit, and protect your property from further alienation and further transfer of possession, relief of injunction is imminent, go for civil suit.ThanksMy Regards