Advocate Rizwan

Questions Answered by Advocate Rizwan

Q: Wants to know the process to probate the will for inherited property

Hi - can i understand the process to probate the will or getting RD for the inherited property?

Advocate Rizwan answered
Hello probate can only be done by the court of law. If the value of the property is below 2 crores then the probate petition shall be filed before the district court but if the value of the property is above 2 crores then the High court is having the jurisdiction to adjudicate the issue.Thanks

Q: How To Save Child From A Violent Wife

I have a 3 year old son.. my wife is very abusive and gets violent when angry... she also give threats to kill me and to kill son.. due to this behaviour I left my house with my son and started living seperately .. after which she has filed false complaints against me... my wife found out the new place where m staying with my son.. now she is threatening to create a big scene at my new flat and she will take away my son.. How can I get protection from my wife and how can i keep my child safe from her... pls advise.. shall I again move to a new flat.. pls help

Advocate Rizwan answered
According to section 6 of Hindu Guardianship and wards Act, mother is the natural guardian of child up to the age of 5 years thereafter father will be the natural guardian. law commission has given its report on this subject for liberalizing the present concept in deciding the matter of guardianship of child in divorce matters. Generally court gives order of custody of child below the age of 5 years to his mother irrespective of his welfare of child. this report providing equal legal status of both parents with respect to guardianship and custody, so parents have equal right over the child and court should take care of welfare of child and order should be made accordingly. Therefore you can move an application before the family court concerned to hand over the custody of minor son in the interest and welfare of the minor.Thanks