Advocate Ravi Shankar

Questions Answered by Advocate Ravi Shankar

Q: Father's property seperation - what is the Share for a daughter

I am daughter of my father. My father has 3 sons(1 not alive) and 2 daughters. My father owned a house and he is not alive and no will for that house. My younger brother is living in that home. Now he wants that home in his name. The property worth is about 3-4 Lakhs. I want to know, what is my share as a daughter in the property.

Advocate Ravi Shankar answered
Your father has expired intestate. The house is in his name. But he is no more. In such case, the surviving legal heirs of your father will have equal share. You say that one son is not alive. If he died unmarried, then the property will be divided in 3 equal shares. If he was married then his legal heir will get one share. Then in such case, the share will be 4 equal shares.

Q: Husband tortures me everyday but in court he was ready to live with me

my husband filed case against me in Hindu marriage Act.he tried to get indirect divorce from me.In front of court, he told that" he was ready to live with me".but he is torturing everyday.he scold me bad words with rowdy people and warns that"if you came to court,i kill u". What to do now?

Advocate Ravi Shankar answered
You can approach the Police station. Secondly you can file a case under Domestic Violence act, woman harrassment act. If he is very cruel and abusive, call up 100 The police emergency help. The Police will immediately come to your house and catch him red handed and criminal case will be booked under him. The same records can be produced before the divorce case. He is forcing you to seek divorce before the Court of law.

Q: DV case and divorce case filed by wife. Can i agree for the divorce?

Hi Sir, I have a DVA case filled against me over a years time now which i keep going for hearing but the enquirer has not started yet, and i have a divorce case filled from my wife's side as -well, i have tried my level best to convince her to live with me to which she does not agree, and i have made up my mind to look my future instead of fighting for a unhappy life. Can i agree for the divorce which she applied or should i not to avoid high maintenance charges. I would like to have a good suggestion please.

Advocate Ravi Shankar answered
If you have decided to divorce, try for mutual consent. As it is, your wife is wanting divorce. So, file along with her after confirming her maintenance requirement. If you accept for divorce in the existing petition, the divorce order will comprise of all the allegations that are available in the petition filed by your wife. That order will be detrimental for your next step in your life. For further details, Contact me thro lawrato.com

Q: is registration of marriage compulsory

i was married in 2011. my husband now says that i am not his wife. we had not registered our marriage as well. today he has even put an advertisement stating that i am not his wife? i have an Adhar card and Joint bank account where it says that i am his wife.

Advocate Ravi Shankar answered
Please answer a few queries. Let me know as to how your marriage was conducted ? A Hindu marriage has to be solemnized as per Hindu rites and customs. Secondly, Marriage photos of both of you with garlands is a must and thirdly Invitation etc are the main necessities of a valid Hindu marriage. Please note that, all marriages are not registered, but it doesent mean it cannot hold legal sanctity is wrong. If all the above activities have taken place, Your marriage is legally valid. Further, before marrying you, your spose must be a bachelor/spinster. Unmarried or divorcee.

Q: Married since 7 months. Living apart since then. How to file divorce?

I was married since 7 months. Due to issues between us we have not lived together since then. The issues are not dowry or any violence they're terms we agreed upon while settling for this marriage. I'm eligible to apply for divorce? Please advise how to proceed and what are the options i've.

Advocate Ravi Shankar answered
Sir/Madam,I bring to your kind attention that, if you are Hindu, you will have to wait for one year from the date of marriage for dissolving your marriage through court of law. If your marriage is void or voidable marriage, then you can file for declaring the marriage as null and void immediaetely. For any further detailed clarification you can contact me.