Advocate Samresh Katare

Questions Answered by Advocate Samresh Katare

Q: Death of father without a will

My father was a govt employee. He died of covid without a will. We are two brothers and a mother. What is the legally correct way to distribute the funds/assets?

Advocate Samresh Katare answered
each one of you means your mother your brother and you will be entitled to one third of the total property your father has left. if there is no route between anybody divide the property in 3 equal shares bye making an agreement and if there is a dispute then you need to file a suit for the rights in the property

Q: What to do if someone forcing you for suicide

My in laws pressured me for divorced and provoking me for suicide. Now what should I do please suggest .

Advocate Samresh Katare answered
You need to register a police complaint narrating the entire reasons for such behaviour ( including dowry demand, the harassment you face, the cruelty inflicted upon you).It will be the first thing to do..Secondly, you need to think how to get rid of this problem..if you want to be in this marriage or else seek your way out. But , since this is quite big a decision, think before you move ahead.

Q: Clarification regarding Restitution of Conjugal rights

Hello sir I don't want to stay with my husband due to domestic violence it's been few months to our marriage am not staying with my husband from last 45 days now he has sent me notice of sec 9 from family Court.. Please suggest,, I should reject or accept to appear what is beneficial for me if I want to stay away from him which case I should file against him what to do to reject his notice .how can I ask for maintenence or the amount given on marriage or expenses of marriage.

Advocate Samresh Katare answered
Firstly, since you are not staying with your husband, you can file an application u/s 125 crpc for claiming maintenance. In that, you can even get interim maintenance i.e. during the pendency of this application.For the other query, I need to know more details as to why you are not staying together..and what went wrong between you people.

Q: Remedies available to husband if accused falsely of domestic violence

meri biwi ne mujh par case lagaya tha ki mene use gundo se piwaya hai ek ladki ke sath milkar lekin mene esa kuch bhi ni kiya hai or wo ladki ka kahna hai ki usne bhi esa ni kiya hai or isme police ni mujhe arest bhi kar liya tha ab phir se meri biwi us case par action lele ka bol rahi hai police walo ko ki us ladki par action liya jae usne hi bhijwaya hai mujhe ye sab khatam karna hai to mai kya karu or wapis mai ab arest ni hona chahta hu

Advocate Samresh Katare answered
Ap 482 crpc mein high court we FIR quash Krane ki petition file krskte Hain....jisme age ap k Pas evidence hua to ap k favor mein interim order hi skta hai.That apart, court me false domestic violence cases k against kafi strict views like Hain..the new law is in your favor.