Advocate S.K Prabhakar Shetty

Questions Answered by Advocate S.K Prabhakar Shetty

Q: Order on IA is passed in the maintaince case

My wife has filed ex-party order maintaince case on me in a magistrate court sec 23 of pwdv. I have hired a lawyer for my case. He is attending the case now it is in petitioner evidance stage, along with that gone for appeal for that ex-partyorder in the session court which is in Notice stage. Order on IA is passed by magistrate court on 23rd august 2024. After seeing the order I found that my lawyer has NOT submited my docs. related to by salary, assets and liabilities...(he has cheated me)

Advocate S.K Prabhakar Shetty answered
If in the order shet of Judge it is mentioned that your liar has not attended then you can file a complaint in bar council and get compensation from him/her. but if it is an interim order the order will not be same after completion of maintenance case, and anyway you have even appealed against it.

Q: Father home division among brothers

My father home only ground floor , 2 sons .I want to build first floor with my own money , so we decided that first floor is in my name and ground floor in my elder brother's name .How to document it legally and what point to mention , should we divide property into 2 parts. so there won't arise any dispute further .

Advocate S.K Prabhakar Shetty answered
ls the house now in the name of your father ? first house site has to be partitioned into two names then make two different khatas.. Then you can build grand and first floors with 2 two different a ownerships.

Q: Maintenance for separated DVC ,HMOP

Me and wife lived together for about a year. She left home after her physical and mental illness got exposed. Been living separately for 2 years now. She has filed DVC and asking maintenance , but not ready for mutual divorce. If I'm contesting HMOP - should I give maintenance for both?

Advocate S.K Prabhakar Shetty answered
You need not wait for She agreeing for getting a mutual consent divorce and better file a fresh Divorce case on basis of she not returning to you for last 3 years and also due to her filing DV case.

Q: Inquiry About Ancestral Property Case

I hope you are well. My sisters have filed a case against me, claiming an equal share of our ancestral property. Our father passed away in 1995, and the property was transferred to our mother, who died in 2019. Despite already giving my sisters sites, jewelry, and selling our house for their marriages—none of which is documented—they now seek a share of the property. Could you advise if they are eligible for this claim and how I should proceed?

Advocate S.K Prabhakar Shetty answered
From what you have narrated it appears that right now the houses in your name, and also that your father had not executed any will, and was that property in the name of mother till 2019 ? in which year your sister were married ?

Q: Gift deed without cancelling old Will

Hi All My father mad a will 3yrs back dividing single house between me and my brother half half. Now he as gifted the entire house to me, My brother is ready to give me NOC. Is it mandatory to cancel the old Will, What other process is required. plz suggest.

Advocate S.K Prabhakar Shetty answered
No it is not required for any person to cancel a will that he or she had written expressly in respect of a property before otherwise disposing of the same property, even if that said will was registered.