Advocate Srushti Thula

Questions Answered by Advocate Srushti Thula

Q: Does An Illegitimate Child have a rights of Father’ self acquired prop

Respected Sirs/Madam,I am an illegitimate child and i want to know if i have any rights on the massive properties ( Now Sold & they planning to buy new one ) in Gujarat-Palanpur of my father’ self acquired property .Now my father & his wife’s ( with sons ) sold the property which was my Father’s Acquired only. All the money will used to buy new property with ownership of my father’s first wife. My father’s behaviors is not good right now. My father still Alive & lived with them. I can prove that my Mother & My Father had a good relations like marriage but legally they were not married or legally husband wife.I have all documents proof that I am son of my father with proof of society. Since I born to till my marriage I was lived with them. ( with my father, his wife & his sons ) but thereafter I left my father’s house since 13 years ago & I settled in Ahmedabad due to JOB. I lived in Ahmedabad as a Tenant with my wife/children's I think my Farther don't want to give me anything.

Advocate Srushti Thula answered
If your father has included you in his will then you are entitled. if he has not, legitimate or illegitimate, no child is entitled if it is a self acquired property.Your mother if alive can ask for maintenance under domestic Violence act.

Q: Transfer and sale of father's house

My father died and my mother wants to transfer a house in her own name and to sell after transferred to her name. Weather she can do directly without the permission of sons and daughters or sons and daughters needed for this procedure

Advocate Srushti Thula answered
yes, they are needed if your father has not made a will. also is it a self acquired property or ancestral? If the sons and daughters wish they can also make a relinquishment agreement saying that they let go their right and their mother is the only rightful owner.

Q: Builder is not giving BU certificate.

Builder has taken construction approval for one BHK. He constructed flat for two BHK. He has not submitted revised Construction plans for new approval. He sale 16 flat to different Family who are present living. He is not giving 2bhk BU permission letter. Can we claim for 2bhk with compensation. Please advise

Advocate Srushti Thula answered
you will need to file a criminal complaint for fraud against the builder You can also approach the civil court. you can definitely claim for 2bhk if u have paid accordingly. what does the sale deed mention?

Q: Can a member be removed by an AGM ?

Can a member be removed from membership of educational trust by calling annual general meeting or there is no provision to remove a member until he resign.

Advocate Srushti Thula answered
You will need to file an application before the Honble Charity Commisioner otherwise the Trustee cannot be removed through a meeting. There are provisions for removal with proper procedure under the Act.

Q: Action against school construction on my land without my consent

Sir I am a retired army personnel. We are 4 brother. My two younger brother is in army. My elder brother was a teacher and he stayed in our village from starting. Now he made a school and an Iti institute on a piece of land next to road. We all were not present when this construction was done. After he told us that he won't use rest of land and we can take land in other good places. But now he was again taking the construction further and is covering good land so i put the stay on that school and iti institute so that no further construction should be done. But still he did the construction and the case is in the court. Now problem is to stop him I can act but their are students studying in his institute. I don't want them to be suffered. Is it possible that i can write a letter describing my situation to the education department of my state to not to allow them to run the school and iti from next year. Will it work?

Advocate Srushti Thula answered
Did the Court pass an order staying the construction or you just applied for the same? If the court has passed the order, you can move contempt proceedings and also file a police complaint. You can also represent to various authorities