Advocate Tanmay Yadav

Questions Answered by Advocate Tanmay Yadav

Q: Locus standi of NGO to file for writ in HC for UCC

I work with an NGO which wants to file a writ petition in the Delhi High Court praying that the court issue a writ of mandamus to the government to draft and implement the Uniform Civil code as per Ar. 44, Constitution. Does our NGO have the locus standi to do so? Also, will the petition be maintainable?

Advocate Tanmay Yadav answered
This is a policy matter and the courts have put a restrain on entertaining matters which pertains to policy matters as it is the prerogative of the Government. In my opinion the court would not be inclined to entertain such a petition as it will tantamount to interference with the policy making of the government which is not envisaged by the constitution. I hope this will clarify your doubts.

Q: Can i take my property back from my children

Behavior of my son &daughter in law is totally changed aftee resistoring property in their names.i want to take my property back

Advocate Tanmay Yadav answered
In order to respond to the query, I would like to Know the nature of property i.e. to say is the property a self acquired property and ancestral property? Further, what was the mode of transfer of interest in the property in favor of your son and daughter ?

Q: Will a previous case create problem for my future job

Sir I have I case under 147/148/148/308/323 it was a family dispute.will I get a joining in ssc Chsl as I have cleared the exam

Advocate Tanmay Yadav answered
Hello Dear, If there is any dispute of civil nature like family disputes, property disputes etc. there shall be no issues. It is only the proceedings of criminal nature which might affect your chances of clearing the list. Please note that the rules governing any particular recruitment post differs from case to case and therefore, it may vary. This is obviously subject to you clearing the list on merits. Regards,

Q: Can i get separation but our marriage is not registered

hi i am married but as per the court of law my marriage has not been registered and i want a separation so is it possible in such case.

Advocate Tanmay Yadav answered
Hello Dear, You can apply for separation/ Divorce as per the provisions of Hindu Marriage Act, provided it is applicable on you. Non-registration of marriage is not a bar to institution of a proceeding in the competent court for separation. Please feel free to revert in case you have any further query. Regards,

Q: How to claim share in father's porperty

Hello sir i m 22 years old. My father can not give me my share.and he is also not giving me any financial support.nd mujhe apne sath nhi rakhte h. So how can I get my share without expend money on case bcse I don't have money....

Advocate Tanmay Yadav answered
Hello Dear, First and foremost it is important to know if the property in which you are seeking share is an Ancestral property or a Self Acquired property of your father. In case it is an Ancestral property, you may file a suit for Partition in which case you will be required to implead all the legal heirs who might have equal share in the subject property. In case it is a Self Acquired property, it would be difficult to get any share in the property unless your father gives you that property by way of Will or dies intestate (intestate means if your father dies without a will) in which case the property will devolve as per the provisions of Hindu Succession Act on all the Class I Heirs of the deceased. Please note that you are a First Class Heir for the purpose of Hindu Succession Act and is entitled to equal share in the self acquired property if the above stated conditions exist. As far as the institution of the proceedings in a competent court is concerned, considering your financial position, you may approach the Delhi District legal Services Authority/ High Court Legal Services Authority whichever is applicable. This way you will not be spending any amount in pursuing the matter. The above stated opinion is being rendered on the basis of the limited information provided. Regards,