Advocate Santosh Pandey

Questions Answered by Advocate Santosh Pandey

Q: Claim to share in the property after being disowned by father

I have a property... It has multiple owners.. My aunt holds 50%, my dad holds 25%, n me 25%...but when the property was bought and transferred I was minor. Now I m major and my dad has disowned me... Can I get my share now?

Advocate Santosh Pandey answered
Depends how the holdingof the property was determined. What documents are there to show that you had a share in the said property? If the document shows that it is your own property (i.e. the 25% share), then you can definitely get your share.) and it has not been sold yet, (considering other terms and conditions as standard).

Q: Rights of son in property having govt job on compassionate grounds

I have got govt job on compassionate ground after my fathers death in railway after my mother gave me approval. Now there's a home on my mothers name in which my two other brothers live and they deny me any property on claims that I have get job on fathers behalf what can I do I am a hindu

Advocate Santosh Pandey answered
After going through your query, here is the solution. If the property is self acquired or in the name of your mother, no body including your brothers could deny the right to stay in the house,it is only your mother can tell you to leave or stay since she is the owner of the property (if you are saying it right). File a police complaint saying that you are being troubled by your brothers and they are threatening you to leave the house. The Police will take care of the issue or you can file a civil suit seeking injunction orders against your brother but you will have to make your mother party in the said suit as plaintiff so that she can depose to the extent that she is the owner of the property and she does not wish to oust you from the said property. Let your brothers contest the suit, they will have to take a back step since they are not the owner and don't have anything to say or deny your rights in the property.

Q: Procedure in case divorce notice sent by husband

Divorce notice sent by my husband sighting my ailment as reason.I was abandoned by my husband for 1 1/2 year living with my father retired from clerk job in Govt and unemployed brother Not a single penny given to me for my sustenance by my husband.All dowry gold and other items amounting to approx fifteen lakh Rupees kept by them.Please advise how to go about this process.We were married under Hindu marriage act in March 2016 in Delhi.

Advocate Santosh Pandey answered
First, you please clarify the notice as legal notice or court notice. If it is a court notice then you have to appear before the Court of which notice is served on you but if it is an individual notice then you don't need to worry. Since after marriage your husband has abandoned you, you can file petition for maintenance under section 125 CrPC seeking monthly maintenance showing the ground that he is earning good and not giving you a single penny since last one year. Second, if there is a divorce proceedings has already started then you file an application under section 24 of Hindu Marriage Act seeking monthly maintenance for you self. The Court will grant you the monthly maintenance.You can also opt for police complaint under section 498A IPC for dowry demand and this way you can get your all articles and jewelries back.

Q: What is the procedure to mortgage property?

One of my friend approached me to lend some money to him as loan. As he is in great need of money, he asked me to mortgage legally his property but I don't know the procedure. He is ready to go for registration of the mortgage agreement. In case he don't have the registry of the property, what other documents will work in that case. I will be thankful if you could help me by letting me know the procedure.

Advocate Santosh Pandey answered
For mortgaging any property to create security on the loan amount, you need to check the status of the property being mortgaged as in whether the property is registered in the name of the person to whom you are lending money or not. If not then don't. Bets documents for mortgaging are Sale deed, conveyance deed or will or gift deed in the name of the person to whom you are giving the loan amount otherwise not worth it.For mortgaging the property, you enter into a mortgage deed with the person mortgaging his property and after the deed is signed by both the parties in presence of the witness, same is needed to be registered with registrar office of your local area. Thank you.

Q: What includes maintenance for wife ? salary or property or both

hindu i want to know if husband left job because of case then wife can get maintenance or husband parent property also include to wife maintenance if wife click photo of husband property

Advocate Santosh Pandey answered
after going through your query, here is the answer which might suit to your issues.1. First, Even if your husband leaves the job in between the case, he will have to explain the judge whether he is eligible to work again or not. As per the directions given under catena of judgements of supreme court and high court, a working man is cannot be believed to sit idle at home for making an excuse of jobless hence not earning. A working man now jobless is responsible for maintenance of his wife and children if there any. You also have to prove that you husband was earning enough to maintain him and you, which might be easy but everything depends on the discretion of the judge as the current situation has been completely changed now. 2. Second, no you cannot seek maintenance from your husband’s parent property even if you have the pictures of those property. Those property if self acquired by the parent in law or husband does have the share under inheritance, still you cannot seek maintenance as according to Hindu Succession Act.