Advocate Sishmita Kumari

Questions Answered by Advocate Sishmita Kumari

Q: Property dispute mother vs son..prop purchased by son son

I purchased a property on my mother name in 2008.parents were living together ...after father passed away in last month..my mother and sister conspired together and asking for full share...pls advise what to do..as they are now taking full advantage of being legally strong...

Advocate Sishmita Kumari answered
You can file a Suit for Declaration wherein you can challenge the title of the property itself and claim that the same was purchased by you through your own money. So please do it as soon as possible, because in such a cases delays are hard to explain in the Court of Law.

Q: Options available for my case before an year

I got married in year end 2020. My wife had initially said that she takes time to come close and never consummated the marriage. We have been living separate due to work profiles. She has stopped talking to me over stupid reasons and every time i try to talk some new issue is given by her. Her family and she are adamant to get divorce. They keep on repeating that she wants a mutual divorce and that it cant be done before an year. It was good in the start before marriage and i suspect there is something fishy in all of this. Can i file for anullment citing non consummation? Or if not can i cite no physical relationship and file for divorce before an year? She has refused to talk or stay with me at all.

Advocate Sishmita Kumari answered
Yes you can go ahead and get the marriage annulled. Also you can file for mutual consent divorce as well. Either of the process will get you relief out of this situation. And for annulment you must do it within a period of 1 year. I hope my advice helps you in any kind.

Q: How To File PIL And How Much Does It Cost In SC

I want to file for a PIL which is faced by many women and men .How much does it cost to fill a PIL in sc and what is time frame and process

Advocate Sishmita Kumari answered
It really depends upon the case how much fees will be charged and time also depends upon the case. There is not much of details that you have shared here that I can give you a tentative time line. Please reach out to me with more details for further clarification. I hope this helps you.

Q: Right to succession if parents are divorced

In the month of june my father expired, my parents were separated for almost entirety of their married life, my mother filed a case for maintenance, which eventually ended in settlement, the settlement deed expressly stated that I nor my mom can claim anything from my father’s assets. This copy was mere MOU. After his death will such agreement/contract still hold itself infront of the hindu succession act that applies on me? Or is it that I have the right to claim the assets, as it maybe noted that divorce decree (obviously) doesn’t have my signature, I’m neither the contractor nor the contractee, decree mentions that parties must abide by the settlement deed.

Advocate Sishmita Kumari answered
You have your right in your father's assets no matter what the MOU says. Because your shares cannot be alienated by anyone including your mother by way of the settlement. Please file a case and claim your share in your father's own and ancestral properties. Please proceed soon. I hope this advice come into your assistance.

Q: My Grandfather died in February 2020 and My father died in 2019, My Grandfather had 2 daughters, he

My Grandfather died in February 2020 and My father died in 2019, My Grandfather had 2 daughters, he live behind a property, his both the daughters means my aunt has mentally harassed my Grandmother to transfer the property on their names but my Grandmother didn't want to do it she lives with me and my mother what should I do now so that her two daughters didn't harassed her mentally, my Grandmother wants to transfer the property on my name, is that it is possible can my grandmother able to do it, please give my some advice

Advocate Sishmita Kumari answered
You can proceed and take a restrain order against the two daughters of your grandmother on the basis of all the harassment that they have done against her. The evidence is very important in the case, please make sure they are concrete and evident on the face of it. I hope my advice works for you.