Advocate Shivendra Pratap Singh

Questions Answered by Advocate Shivendra Pratap Singh

Q: My mother died 2 years ago after that my father got married with a women whos family background is n

My mother died 2 years ago after that my father got married with a women whos family background is not good and after only 5 months my father changed and started taking her side everytime and left us three children lonely,we are 2 sister and 1 brother.elfer sister is married and brother is in collage and I am also in collage.he want us to leave aur house and also mentally torture us.we don't want to leave with him cause his mental torture is worst.kindly inform and help us in knowing what rights we have and what can we do for aur better future..in hope for you help.Thank you

Advocate Shivendra Pratap Singh answered
You cannot claim right in this property if it a self acquired property of your father. He has absolute right to enjoy and alienate this property as per his wish. In case it is an ancestral property or a joint property of your deceased mother and father then you have a right to claim partition. However you have no right to claim partition in this property but being children you have right to reside therein and also restrict your father to alienate it for a limited period. Your father cannot evict you from this property. In case of eviction, you can file a civil suit for injunction to secure your right to residence.

Q: If grandson's name plate is on his parents building then can he be denied for claiming his share in

If grandson's name plate is on his parents building then can he be denied for claiming his share in grandfather's self acquired property?

Advocate Shivendra Pratap Singh answered
the property's right cannot be decided on the basis of name plate exhibited at the gate of the house. self acquired property has a very distinct nature and the owner has unfettered right to enjoy his property. the owner has absolute right to transfer his self acquired property to any person in case he died without any settlement of his property all the legal hairs are entitled to get that property in accordance with law of inheritance. if you are a legal hair and your grandfather died intestate (without making a will) then property devolved upon you after his death.

Q: Dear Sir/Mam,nI had a case in the SDM court in Sultanpur for the possession of Abadi's land under Se

Dear Sir/Mam,nI had a case in the SDM court in Sultanpur for the possession of Abadi's land under Section 145 CrPC, but the SDM dismissed it, stating that the disputed land was Khalihan land in the past and was converted into Abadi in 1987, which appears to be suspicious because Khalidhan land cannot be converted into Abadi land, so he cannot continue with the 145 CrPC proceeding. My house is on the same land since 1970, But now I am scared that this land will be turned to khalihan again. What is the solution for this, and how strong is my case in court? Please advise.

Advocate Shivendra Pratap Singh answered
khalihan land cannot be converted into an Abadi because this land is reserved for the public purpose. this is a public utility land and its nature cannot be changed under the Zamindari abolition and land refirmr act as well as in the Uttar Pradesh land revenue Court 2006. therefore you cannot claim any right in that property.

Q: Delay in disposal of case in Board of Revenue

My matter is pending in board of revenue since 2006 and order has not come yet.Is there anything that I can do for a quick disposal of my case?

Advocate Shivendra Pratap Singh answered
if you want expeditious disposal of your case therefore you should approach the high court under article 227 of the Constitution of India. in your case pendency is too long therefore the High Court may fix a time period within which the Board of Revenue is bound to dispose of your case. if there is no other legal impediment the high court may fix 6 month maximum time to dispose of this case

Q: Anticipatory bail in 498A, when NBW issued without BW or Summons.

Hi,nThis is a simple 498A case without any evidence, High court rejected stating custodial interogattion is required,however the anticipatory bail was dismissed by the apex court again in a silent order but however while the case was pending in the apex court the police filed the chargesheet(complete).Now the thing was in court. In the mean while nothing happened and the court didnt give us any summons, no BW nothing. All of a sudden we came to know the court has issued NBW without SR report of Summons or ER of BW cause they were never issued in the first place may have been ordered. What are the chances of Anticipatory bail as I never recieved any intimation to appear infront of the court and no address change has been made in my residence either and no other sections of IPC has been mentioned as well.

Advocate Shivendra Pratap Singh answered
it is very unusual that the court has rejected your anticipatory bail. there is only one allegation which is punishable under section 498A of the Indian Penal Code. The Honorable Supreme Court has held in the Arnesh Kumar versus state of Bihar that the investigating officer should conduct a preliminary investigation the matter of section 498A.if the investigating officer found that there is sufficient evidence against the accused therefter he can proceed further. hence no need to arrest the accused at the onset of the registration of FIR.so far as arrest of the accused is concerned, the punishment under section 498A is up to 3 years. in the same judgement of the earnesh Kumar the Supreme Court has held that investigating officer cannot arrest the accused under section 41 of the code of criminal procedure if the offence is punishable below the seven years. hence you can get anticipatory bail on the line of judgement of the supreme court passed in arnesh Kumar versus state of Bihar.