Advocate Rohit Malhan

Questions Answered by Advocate Rohit Malhan

Q: Wife want to withdraw suit as consent for divorce given under pressure

Dear Sir, My husband had file divorce case in faridabad court under mutual contest . Under pressure from my husband and his family a signed divorce document and also given a statement in courte. But now I'am want to change my statement and i want to withdraw divorce suite .

Advocate Rohit Malhan answered
Was there some exchange of alimony at the time of first hearing? Do you have any children ? You can refuse from giving divorce at the time of 2nd hearing but it is not the reason to quote that you made the statement under pressure.

Q: Criminal case by FSO become an obstacle for government job

I have a case pending for "unsafe food without any injury" under section 26,42,59 . I have searched act and it says a fine of upto rs 100000 and upto 6 months jail if found guilty. Does it can become an obstacle in my govt. Job?????

Advocate Rohit Malhan answered
For getting a government job you should be free of any sort of criminal charge at the time of application or appointment... Even if you are fined that also amounts to conviction and it's a hurdle for job...

Q: Can a person gift a self acquired property

Agricultural Property was inherited by MrX .The property was transferred jointly to MrY and MR Z after death of Mr X . After some years property was divided between Mr Y and Mr z based on mutation . Now can MR Y gift and will his share of land as it had become self acquired Property?

Advocate Rohit Malhan answered
I don't think the property you are talking about is self acquired property, it has ancestral nature. If it is self acquired nature then the owner is free to do anything with the property, he can also gift the property.

Q: Can one co-owner sell a part of property with permission of others

I have a 10 acres of land with 3 co-owners, can i sell 1/2 acre of the land, i mean can i sell half acre of land with the permission of all the co-owners.

Advocate Rohit Malhan answered
You can sell your share Anytine. But there are two possibilities as your query is not complete:1. If you have got the property partitioned and every shareholder has specific area... In that case you can sell your portion with specific details. 2. If you have not got it partitioned then you can sell your share and not specific details of the property.

Q: How to sell a property that is forcibly occupied by someone

my brother is using the property which is in my name from last 25 years and he is not vacating the property...and i have also withdrawn bank guarantee which he took on that land...so can i sell this property to someone ?? will the new owner be able to get the property vacated through order of court or by police

Advocate Rohit Malhan answered
Yes you can sell the property if documents are in your name. The buyer can get it vacated from the possessor as the buyer is the rightful person to have the possession of the property. But it may take little time.