Advocate Sadhna Rana

Questions Answered by Advocate Sadhna Rana

Q: Overseas divorce validity in India

We married in India but now Australian Citizen. The marriage was total fraud in order to gain material benefits, transferred huge amount ofd savings to his personal accounts and dowry which he is denying to give back. He has filed divorce in Australia after commit all this as its one-sided divorce. I am so sad i will lose everything and end up leaving home, stuck and money less. I have contested it and suggested the divorce should be dealt by Hindu act so I get my basic rights or at least they r

Advocate Sadhna Rana answered
If divorce is on a ground of irretrievable ground in Australia then that foreign decree is not valid according to Hindu marriage act. You have to challenge that decree in India as it is not valid and not binding upon you. You can claim your dowry and money and get attached his property

Q: Father's Property Transfer in Intestate Succession

My father died intestate and by law his property will be transferred to his mother, his widow and his children as they are Class I heirs but his mother also passed away afterwards. During transfer of property to remaining members will we be requiring any certificate (like death certificate) to prove that his mother has died? And if so, my fathers siblings will not give any certificate to us so that we can prove that my father's mother is dead. What to do in this case?

Advocate Sadhna Rana answered
You don’t require any certificate from siblings of your father. Since the inheritance is never kept in abeyance it takes place at the time of death of a person. In case it is immovable property you can apply for mutation in revenue or municipal records. In case it is debt or security left behind by your father then the holders of such properties may ask you to bring succession certificate. In case any amount is to be disbursed then that authority may ask only for legal heir certificate which you will have to apply to District collector.

Q: Right of daughter's in property according to 2005 amendment act

As per 2005 amendment act, grand daughters have no rights to get share from grand father's property, if they are married before 1989.

Advocate Sadhna Rana answered
Recent pronouncement of the Supreme Court in the case of Prakash & ors vs phulavati and ors. Rendered on 16 oct 2015 , in its judgment has held that the property right of daughters are prospective in their application. I.e. To be available only if both the father and daughters are alive on the date of commencement of the Amendmant Act , 9 sept 2005Right to coparcenary property would be available to living daughters of living copra centers on 9/9/2005.

Q: What is the procedure for property division?

please tell me what are all the procedure to dividing theproperty of our father?

Advocate Sadhna Rana answered
Legal formalities depends upon many thing. If you are Hindu then property will go as per Hindu succession law and depend upon nature of property, number of legal heirs and other aspects .It should be transferred and mutated in the name of beneficiary in the relevant government record like municipal corporation and revenue records depending upon nature of property. If your father has executed a will then his executors are required to administer the property as per his wishes set out in will .And proper mutation in government record is proper procedure. If there is no WILL then problem can arise. Either all beneficiary make settlment and file partition case in court and if do not agree than file suit for partition with separate possession.

Q: Type of deed to make to secure a transfer of property from future case

My grandfather's brother wish to transfer his property into my name. He is unmarried but he adopted my father's brother son 10 years before legally. Right now his adopted son also willing to put his signature in any of agreement for me. What kind of deed/will shall I make for registration his property without legal issues, suppose his adopted son file suit case in future how will I face it

Advocate Sadhna Rana answered
Gift Deed is the best solution,in case of immovable property, it is mandatory to register the gift deed as per section 17 of Registration act. Gift deed is irrevecable . Stamp duty is payable for registering a gift deed. If you receive a gift from relative than no tax will be levied. If you get property through registered gift deed you can show the value of gift received as exempted income in ITR.