Advocate Shreeya Tandon

Questions Answered by Advocate Shreeya Tandon

Q: Effect of recent amendment to Hindu Succession Act vs. Probate of a Wi

As we know that Supreme Court recently give judgement that daughters have equal birthright to inherit property whether the father should be alive as on September 9, 2005 or not.Hence, I have a query over here that this new judgment will also overruled on Grant of Probate? For more clarification I am providing below my details:My grandfather purchased a property in year: 1931My grandfather wrote a will in my favor only: 1980My grandfather died: 1983I applied for probate: 2016Probate granted in my Favor: 2020Now, my sister has filed partition suit against me and she is asking for half of share in my property. Is she is eligible? Please suggest.

Advocate Shreeya Tandon answered
Hi, She can only have a coparcenary right if the property was in the Joint Hindu Family, however the same is over-ridden by the willThis property is a self acquired property of your Grandfather which he gave you in the will, the only ground she has in the partition suit is to challenge the authenticity of the will.

Q: Fir quash FIR RADD US/325/323/341/34

Settlement deed ko register b krna hoga kya if party has decided to settlement before chargesheet?How much time for quashing the FIR or free from burden of law

Advocate Shreeya Tandon answered
No, the settlement deed shall have to be signed by both the parties and furnished in the court. Upon the perusal of the same if the court is satisfied, only then the FIR. shall be quashed.however it also depends upon the nature of the offence, if it is a grave offence, Courts are unlikely to grant a quashing.

Q: Delay in filing court case due to lockdown

I am unable to file my case due to lockdown as the courts are only taking urgent matters. What will happen to my case if the courts are closed during lockdown?

Advocate Shreeya Tandon answered
The Supreme Court has repeatedly passed orders staying the running of limitation.What you do need to see is whether your limitation ran out before the lockdown or during the lockdown. However if your case is ready you can file the same online and service it's copy to the opposite party through any instant messaging service like Whatsapp, Telegram, etc in addition to the service by e-mail on the same date.

Q: False FIR Against 498A And 307

Dear all, My wife filed a false complain against me for 498a and 307. For 498a I know I can fight with full of energy. But for 307 what can I do? She said that I was trying to strangulate and then I run away from when I saw her unconscious. This was totally false. And the big thing is when I run away from home so she filed my missing complaint in police station and the she and her sister send whatsApp messages to resolve the things and come back to home. And when I run away from my home That time in my home her sister, Her sisters husband were also there. And on the same day I fled the complain in the police station when u/s 323, 506 and 504. she did not done her medical for that. And she went to police station and send the pictures of with police to me on whatsApp but she filed my missing complain on that time. But now after 20-25 days she filed the country. Plain in Mahila thana for 498A and 307. Please help. E what should I need to do. Please help me on the same issue.

Advocate Shreeya Tandon answered
People usually file FIR or complaint under 498-A, that is alright, the courts are aware of the false allegations levelled on husband's these days, using the same for blackmailing. You have the right to file replies and explain your situation in the court. You need not worry about the FIR or Complaint for as long as the same hasn't reached the court.

Q: transfer of property from mother name

Hi I have a shop in my mother name. My mother has made a registered will in which she has given the shop in my name. How will the shop transfer in my name. 1.Do i need NOC from my siblings . 2) Do i need probate? Pls advise

Advocate Shreeya Tandon answered
Hi, first of all it depends upon where the suit property is situated. In Delhi, it is not compulsory but it is always good to have it in your name as some Govt. Authorities insist on probate, at the time of mutation of property.