Advocate Vaibhav Anand

Questions Answered by Advocate Vaibhav Anand (50+ answers)

Q: I want I want to die was my husband because Ham those also separation

Main abhi filhal Allahabad mein hun aur Rahane wali main Ghaziabad ki hun to Allahabad mein kaise divorce Payal hoga क्या-क्या documents chahie honge mujhe divorce lene ke liye husband se aur kitne time period mein ho jaega kyunki 2 sal already Ho chuke hain separation mein rahte hue so ab 2 sal ke bad main file kar rahi hun to aur bhi samay lagega kya divorce ke bad taki kam samay Lage mujhe divorce Lene mein because already do sal se pareshan hun

Advocate Vaibhav Anand answered
Aap Allahabad mein divorce file kar sakti hain agar yahan aap ab reh rahi hain aur yeh aapka residence proof ban jata hai. Do saal ki separation ke baad aap Hindu Marriage Act, 1955 ke Section 13(B) ke tahat mutual consent divorce ke liye apply kar sakti hain, jo 6 mahine mein final ho sakta hai. Agar mutual consent nahi hai, toh contested divorce file karna hoga jo thoda samay le sakta hai, lekin separation period aapke case ko mazboot banayega.

Q: Maintenance for my old mother Her two sons not supprting

My mother aged 79 is undergoing treatment for lung fibrosis since 4 years.I am a widow with 2 noble sons and I am totally dependent on themMy 2 brothers both above 50 are not taking care of her either Physically , emotionally or financially They are not ready to keep her in their family Her medicine itself costs us around 5000 plus all her other charges Kindly guide me what to do .My mother is also a widow.. with no property.Boh my brothers are happily married and don't even bother to

Advocate Vaibhav Anand answered
Under Section 125 of the Criminal Procedure Code, your mother can file a maintenance petition against her sons, as they are legally obligated to support her. Additionally, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, she can approach the Maintenance Tribunal to claim financial support and care. This Act ensures a speedy and cost-effective process to secure her rights.

Q: Query about succession certificate

What is the procedure if I want succession certificate that give equal parts to all family members?Can a petition filed by a family member or by all family member if we want equal shares?

Advocate Vaibhav Anand answered
To obtain a succession certificate that ensures equal shares for all family members, a petition must be filed before the competent District Court under Section 372 of the Indian Succession Act, 1925. The petition can be filed by any family member, provided they disclose the details of all legal heirs and their consent to equal distribution. It is not mandatory for all family members to jointly file the petition, but their consent must be documented through affidavits or a no-objection certificate (NOC). The court will issue notices to other heirs, and if there is no objection, the certificate will be granted, specifying equal shares as agreed.

Q: Unlawful practice by Housing Society

I live in a group housing society in Greater Noida where selective members of the society planned to renovate the society by doing some paint job for which they passed a budget of 25 lakhs and imposed charges of 25000/- from each flat other than the monthly maintenance charges.Now they have served me with anotice that if i do not pay maintenance charges by 15 Jan they will disconnect my electricity and water supply for which I m paying them on monthly bases.What legal action can be taken.

Advocate Vaibhav Anand answered
Under the law, essential services like electricity and water cannot be disconnected for non-payment of maintenance charges, as they are fundamental rights protected under Article 21 of the Constitution. You can issue a legal notice to the society, stating that such an act amounts to coercion and is illegal. If they proceed with disconnection, you may file a civil suit for injunction to restrain them from disconnecting these services or approach the Consumer Forum for deficiency in service.

Q: After father's death, Mother & Younger Brother Selling assets

My Mother & Younger brother selling assets of my death father's without legally change ownership or legally transfer process like with out family members certificate.They are giving assets on basis of Stamp paper.

Advocate Vaibhav Anand answered
It is illegal to sell assets of a deceased person without proper legal procedures such as obtaining a succession certificate, legal heir certificate, or transfer of ownership. Any sale made on a stamp paper without legal title transfer is not valid in law and can be challenged in court. You can file a partition suit to claim your rightful share in the property. Additionally, you may seek an injunction to prevent further sale or transfer of the assets.