Advocate Sanil Sarkar

Questions Answered by Advocate Sanil Sarkar (100+ answers)

Q: Mere husband ne without divorce second marriage ki , mere husband gov

Mere husband ek govt employees hai,, without divorce usne second marriage ki,, wo marriage se use ek baby boy hai,, baby birth certificate se unki second marriage proove hogi ya nahi,,, hoti hai to unpar legally kya action hogi

Advocate Sanil Sarkar answered
birth certificate of the child alone is not conclusive proof of marriage, but it becomes a strong corroborative piece of evidence. If the birth certificate mentions your husband as the father and the other woman as the mother, it establishes a relationship and cohabitation. However, to prove bigamy in court, you will need to establish that a valid second marriage ceremony took place, which may require additional evidence such as wedding photographs, videos, witnesses, invitation cards, or any admission by him. Courts are strict on proof of marriage rituals in bigamy cases.You can initiate criminal proceedings for bigamyand simultaneously initiate maintenance and protection proceedings under applicable family laws. If cruelty or mental harassment is involved, proceedings under the Protection of Women from Domestic Violence Act can also be initiated to claim residence, protection orders, and compensation.

Q: DV case n just she wants money no divorce

She has filed domestic violence..n her motive is to take just interim as I m in govt job n shee is not job with one 3 yr child ..how can I minimize interim as much as possible n how to take her to divorce with OTS ..Bcaz my salary is 60k n how much she will get interim?? N why she will need Divorce if I am paying interim ??..it's will be a cycle... we are in relationship from last 3 yrs n we stayed together for just 6 months after marriage n she left for delivery n never comes back

Advocate Sanil Sarkar answered
you need to appoint an advocate who can help you with case only after reviewing the case papers and supporting documents of your fact. any advise without documents will not result in a proper strategy

Q: Family property dispute.and inheritance what legal advice suggested

We r Hindu Indians from Mumbai. Our relatives r creating financial problems regarding property we r two members at present I and my mom my father expired in 2017 transferring his property in our name.But our relatives r creating problems in our property.They r maternal relativesand r 15 to 20 .They r trying to snatch take our property in their name.by threatening and harassing to stealing robbing doing various criminal activities doing cyber fraud also.Physically also torture and harassment

Advocate Sanil Sarkar answered
Based on the facts shared, your situation clearly reflects a combination of property interference, criminal intimidation, harassment, and attempted unlawful dispossession, and the law provides strong and layered remedies to protect both you and your mother. Since your father expired in 2017 and the property already stands transferred in your and your mother’s names, your ownership and possession are legally recognised, and no maternal relatives—howsoever large in number—have any automatic or residual right over the property. Your first strategic step must be to complete airtight due diligence: obtain a legally valid heirship certificate from the competent court to conclusively establish the legal heirs, ensure mutation entries, property card, society records, electricity bills, tax receipts, and possession proof are updated exclusively in your names, and preserve the original transfer documents executed by your father. Parallelly, any attempt by relatives to threaten, harass, trespass, coerce signatures, fabricate documents, or indulge in cyber or financial fraud constitutes criminal conduct, for which you are entitled to approach the police with a detailed written complaint supported by call records, messages, witnesses, and any medical evidence of physical assault; such conduct also justifies seeking preventive police protection to restrain further interference. On the civil side, you should immediately initiate proceedings before the competent court seeking a permanent injunction restraining the relatives from entering the property, disturbing possession, or creating third-party rights, and where necessary, seek urgent interim protection to maintain status quo. If forged documents, impersonation, or digital manipulation is involved, a cyber complaint should be lodged without delay to prevent escalation. Additionally, issuing a strongly worded legal notice asserting your exclusive rights often acts as a deterrent and creates a documentary trail of objection. From a risk-management perspective, avoid informal negotiations, do not sign any documents under pressure, restrict physical access, install security measures, and ensure all communication is documented. With prompt legal action and structured enforcement, the law decisively favours lawful heirs in possession, and this matter can be contained, neutralised, and resolved with precision through a coordinated civil and criminal strategy.

Q: Court Appearances For Accussed

Do all the accused need to attempt court after he 498A proceedings starts and is there any way to get exception for person who has medical conditions.

Advocate Sanil Sarkar answered
Depending upon the medical conditions, the Honble court may grant exemption. you need to submit the relevant and promising medical documents and certificate along with your affidavit to the court.in other case scenario the apperance is mandatory or else the prosecution may seek issue of warrant against absence

Q: Subject: Request for Guidance on Transfer of Flat to Minor Legal Heir

Sir/Madam,My late brother owned a flat in Nallasopara, District Palghar, Maharashtra. He passed away on 4th September 2025 due to a paralysis attack. He is survived by one minor son aged 15 years. His wife (the child’s mother) had passed away one year ago due to a brain hemorrhage.My brother had not registered any nominee for the said flat. The housing society has informed us that there is no nominee name recorded in their records.In this situation, I request your guidance on the procedure

Advocate Sanil Sarkar answered
There are 2 aspects to the query you have mentionedfirstly the child being minor - guardianship certificate needs to be obtained either by grandparents if alive or any sibling if majority attained or by the nearest blood relativesecondly heirship certiifcate should be obtained from court for the estate of the deceased where the child is the applicant through the appointed guardian