Advocate Sandeep Naik

Questions Answered by Advocate Sandeep Naik

Q: Mother Property Distribution Legally

I want legal Distribution of my mother property my father is no more and my younger sister and his husband has Converted My Mother Mindset In Wrong Manner And Changed Everything And Also They Have Changed Everything With Their Name we are 2 sisters as per my knowledge my mother have only one property as of now of her name and some deposits as per my knowledge I want a legal distribution of my mother property as my father told me orally that this property and whole distribution will on your name but I do not have any legal paper proof and my husband and me are very honest and I am trustworthy we never think of such things we want a way so that we can proof and take distribution of property in my name please suggest me what to do

Advocate Sandeep Naik answered
If you don't have any legal paper proof or any witnesses, then the property will be distributed equally among the legal heirs of your father, means wife of your father (your mother) and all the issues of your father.If your father had made a will in favour of your mother that only she will be the legal owner of all his properties, then she is free to give the properties to anyone.But if your father passed away interstate, means without making any will, then as I already told above, property will be distributed equally among all the legal heirs of your father.

Q: क्या आबादी जमीन का बटबारा किया जा सकता है?

क्या तीन बहनों के बीच आबादी जमीन ,घर का बटबारा कर सकते है । हमारी मौसी नानी के साथ लगभग 25 वर्षो से रह रही थी,,2010 में नानी के मृत्यु के बाद मौसी वही रह रही है ,,,मौसी के नाम पर जमीन के 30*30 वर्गफूट का भू-खण्डधारक प्रमाण पत्र बन गया है ,जबकि कुल जमीन लगभग 50 *30 होगा । मौसा के नाम पर ग्राम पंचायत ने 25 वर्षो का निवास प्रमाण भी जारी है। हम और हमारी बडी़ मां इस जमीन से बाटा लेना चाहते है ,,पर मौसी बटबारा को तैयार नही है ,,क्या बटबारा मिल सकता है ,,उचित सलाह दें

Advocate Sandeep Naik answered
आपके प्रश्न में यह स्पष्ट नहीं हुआ कि भूखण्ड क्या पहले नानी के नाम से था?या, जिस हिस्से का भूखण्ड धारक प्रमाणपत्र बन गया है मौसी के नाम से, क्या वह भूखण्ड नानी के नाम से था?उक्त २५ वर्षों का निवास प्रमाणपत्र किस दिनांक को जारी हुआ?यदि आपकी मौसी ने भूखण्ड धारक प्रमाणपत्र अनधिकृत रूप से बनवाया होगा, तब आपको नानी की मालकियत में रही जमीन में से बँटवारा कर हिस्सा मिल सकता है।

Q: Case 13a is going on , now we decided to file for 13b, 482....but due

Case 13a is going on , now we decided to file for 13b, 482....but due to health issues our counsel is not able to give time to us , can we file 13b,482, with some other lawyer as a fresh case

Advocate Sandeep Naik answered
You can engage a new Lawyer in the same cases after getting NOC (No Objection Certificate) from the previous Lawyer.The Lawyer who is currently engaged being not able to attend due to health issues, can easily give you the NOC.But, if the new 13B case has not yet been filed by the existing Lawyer of the 13a case, there will be no need to get the NOC. You will be able to engage a new Lawyer without the NOC.

Q: Section 392 was filed on me I am

I need to apply for my passport but I am unable to could you please help me with the same how I can apply

Advocate Sandeep Naik answered
In this case you will be able to apply for passport only on being acquitted from the charge under section 392 of the IPC.The offence under section 392 is a non-bailable one, but even if you get bail under section 439 of the CrPC, you will have to follow conditions of bail which won't allow you to leave the country.

Q: My brother in law murdered by his younger brother and 03 others people

You are requested to tell we will have required advocate or not as government prosecutor will manage all as per police

Advocate Sandeep Naik answered
Will not be required, but if you want you can appoint an advocate in addition to the prosecutor with the consent of the prosecutor and also with the permission of the Court.But, this will not mean that the prosecutor will leave the case.