Advocate S P Srivastava

Questions Answered by Advocate S P Srivastava

Q: The process to file for divorce and alimony

I was married in 2015. I m not happy with my relationship. I have 3 yrs old baby girl. So, I want a divorce with alimony. what can I do? Pls, suggest me.

Advocate S P Srivastava answered
You can get divorce with alimony for you and maintenance and other expenses for your baby if you keep her custody with you. If your husband is ready for divorce file mutual consent petition otherwise you can file yourself without hisband consent.For clarification and or legal help you may contact. I am in Delhi High Court.

Q: Can a Registered WILL be challenged after 42 years

My father, who died in Oct 1977, had executed a WILL of his immovable property in April 1976 duly registered in the O/o SR in my favour excluding my 3 brothers and 3 sisters. They are now claiming partition of the property and their share. What is the legal provision on this issue.

Advocate S P Srivastava answered
Your brothers and sisters are claimimg their share and seeking partition ..how? Have they filed suit for partition?if yes then you being defendant need to file your written statement and also the Will of your father which you can prove in accordance with law.If they have not filed suit and not letting you use and enjoy the property then you should file suit for declaration that you are by virtue of the Will the exclusive owner and they have no share and also seek permanant i junction. For any clarification or legal help you may contact . I am in Delhi High Court.

Q: Clarification regarding share of daughter in property

I am Hindu married women living in delhi with my husband and school going only one daughter. My background is my father was retired Govt. servant and my Mother is housewife. We are two childern's of my father i.e. myself and one elder brother. In whole life my father was purchased all property in the name of my mother to save property tax etc., Matter is that my father was died on 2011. I was very close to my daughter he always told me that you are equally share holder of my property. Now, my mother and my elder brother is totally deny to give me any share/part of property which was earned by my father. Please advice me being a hindu women can i claim for my share in the property. It is necessary to mentioned here that my mother is housewife and brother is unemployed.

Advocate S P Srivastava answered
Yes you being daughter has your right in the properties purchased by your father as the law has been amended giving right to daughter alongwith son in the property.You need to claim your right by filing a suit. For legal help you may conyact me.

Q: How to claim shop which is sold by fraud to tenants

Sir mujhe pagdi ki dukaan khaali karwaani h Mere kirayedaaro se Jo ki Mere pita kaafi saalo pehle de thi, Jo ki Mere bhai ne froude kar ke bech Di ussi kirayedaar ko par abhi registree nhi hui to pita Ji to h ni.so btaiye ab kya karu?

Advocate S P Srivastava answered
Aapko turant sare documents jo bhai ne babwaye hain fraud karke unko cancell karwana hoga aur registrar office ko court se order bhejwana hoga ki registry na ki jaye. Saath me aapko bhai ke aur kirayedaron par bhi action lena hoga. Aap mujhse sampark kar sakte hain kanooni help ke liye.

Q: Wife was treated for depression before marriage wants divorce

can I file divorce case if I found that my wife is taking antidepressants pills or she has been treated for depression but she or her family didn't informed us before or even after marriage

Advocate S P Srivastava answered
You can file for annulment of marriage on the ground of not disclosing this fact at the time of before marriage. But it can not be filed after one year of marriage.Depression itself is not a ground of divorce but affecting adversely mental capability is mental illness which is ground for divorce.