Advocate Sunil Kumar

Questions Answered by Advocate Sunil Kumar

Q: Father married mother without getting a divorce from the first wife

My mom dad married in 1968. at the time he was not divorced no body challenged the second marriage. lived happily for 50 years. Now offspring from first marriage challenging second marriage. What is the status as per limitation act and law. Was it not that it should have been contested with in three years by the first wife.

Advocate Sunil Kumar answered
second marriage is prohibited as per hindu law. no limitation in this case. first wife claim that she forcibly thrown from the house and at present she came to know about the second marriage. three year limitation is for recovery cases

Q: Can a divorce be filed in India if married in some other country

We both are from nepal. We got married in nepal only. Now i am residing in india and also has indian aadhar card. My husband does not have indian aadhar. I want to divorce him without any condition. Where can I file a case ? I want to stay in india only.

Advocate Sunil Kumar answered
adhar card is not proof for residence. you have not mentioned both you and your husband mutually decided to take divorce. if mutual agreed both can filed the divorce petition where you reside. also you can filed the divorce if not mutually agreed and you want to file the divorce petition.

Q: Legal procedure if one son is denied right in ancestral property

Ihve one doubt If head of the family want to give his whole self acquired and anceatral property to his one son even another son financially give help to build a house but even head of family dont allow them to stay in that well my question is will that head of family bedhakhal the second son from his property and throw their assests in the rooms of that house out Reply as early as possible I want only answer of this question here Legally what is the exact procedure and what the second son can do in this case ??? Religion hindu

Advocate Sunil Kumar answered
son can't claim on the self acquired property but in the ancestral property he can file the civil suit and declare the property are ancestral and the house construct upon the income of the ancestral property. afterthis he can claim the share in the property

Q: Remedy in case Dad's Property acquired by the government

im the grand daughter of the owner of the property in solan.my grandad passed away leaving the property.however after a long dispute in the court and since we r not in india,my uncles son is claiming all the property.now thegovt has decided to take the land and we found out our names are not in the revenue list.please advise

Advocate Sunil Kumar answered
medum, first you have make the legal heir certificate from the revenue authority. in legal heir certificate all son and daughter of your grandfather came and if any one no more then their legal heir also came in the coloum. after this enter the mutation in the revenue record. your uncle son can't claim the whole share of your grandfather, but he is entitled only to the extent of his father share. if any "will" made by your grandfather only in that case he will claim all the property. otherwise all son and daughter of your grandfather will get equal share in property. you can file the case in civil court ' suit for declaration' that all the son and daughter are owner of the all property of you grandfather. if any mutation has been sanctioned in any other name that can be declare null and void. sunil kumar advocate