Advocate Vanshdeep Dalmia

Questions Answered by Advocate Vanshdeep Dalmia

Q: What if i have sold the property and after that stay order on property given

In case a person has filed an application has filed for taking stay for not to sale. The stay order was not issued .I sell that property after selling the stay on property sale was given. Now what can happen

Advocate Vanshdeep Dalmia answered
Sir if you have sold the property before the stay was granted, certainly there cannot be any contempt of the Court order since the same was not in existence at the time of sale. However, depending on the nature of the Suit/ nature of the prayers sought, the civil consequences of the validity of the sale by you will have to be seen. If the property in question was directly involved in the suit property then as per Section 52 of the Transfer of property Act any sale subsequent to the filing of a suit become automatically subject to the outcome of the suit. kindly show me all the case papers and ale documents in order to give you a final and conclusive opinion.

Q: Can i sell gift deed property, In how much time can we sell it?

If we receive a property by gift, in how much time can we sell it? Also can a gifted property be sold to my husband? The property belongs to my brother. He was given this property by father by a proper sale deed which is in his name. Can his wife or children creating an issue at a later stage?

Advocate Vanshdeep Dalmia answered
Yes you can sell the property as you like, subject to the gift being a registered gift in accordance with law. Also your brother's children can only create an issue if it is a HUF or coparcenary property which does not seem to be the case since your brother bought it from your father by a registered sale deed. Kindly contact for detailed consultation.

Q: Procedure of Partition on joint property(vacant land)

Hi, I am a separated female & got married according to Hindu marriage . I have a property with joint ownership of 50-50 with my husband. He is not giving me the money of half share nor is he giving me half portion of the land on papers though I am the joint owner. I want to file a partition suit . Can you pls confirm about the court fee. I got to know that court fee is 8% of my share of property. But we both are not living on the land and its vacant through its in our possession on papers. I just want my share of 50% . Pls guide.

Advocate Vanshdeep Dalmia answered
Since both you are your husband is in possession, you do not need to pay any court fee whatsoever along with the Suit for Partition. Even if he was in possession, and there is no ouster, you would not have to pay court fee.Feel free to contact for detailed advise.

Q: Removal of co owner share on the basis of not obeying mutual agreement

(i) One house in joint three brothers (X, Y and Z) name. However, the entire cost of purchase of land was paid by two brothers (X and Y) only and a joint bank loan. The registry deed does not mention on ownership of each brother. (ii) An agreement was executed dividing the house in three-part floor wise and roof on the joint basis. Although Z never obeyed the same and did not pay the bank loan although it is mandated in a written agreement. (iii) X and Y paid the bank loan through negotiation as the bank intend to sell the house. (iv) At the same time, Z became violent and three criminal cases are lodged against him and his wife. (v) Can we acquire their share and if yes under which rule.

Advocate Vanshdeep Dalmia answered
In my opinion, the law allows you to file a Suit against your brother and recover the amount that he was supposed to pay towards bank loan. Regarding the sale deed, i do not understand what you mean by saying that ' it does not mention the ownership of each brother'. If you mean percentage wise then by default it is 1/3rd. If his (Z) name is not mentioned then he is not an owner atol and you could simply file for eviction. Kindly feel free to contact me in person for detailed advise and understanding.

Q: Divorce Petition Dismissed under section 14 of Hindu Marriage Act

Greetings, My friend's (Groom) marriage didn't sustain for long. Due to personal differences his wife left him within 2-3 months of their marriage. He filed for a divorce but his petition got dismissed under section 14 of the Hindu Marriage Act. It's been more than 4 years since his petition got dismissed. His wife got a decree in her favor for Restitution of conjugal right. Though she is not living with him since the time she left him. Can he again file for divorce?

Advocate Vanshdeep Dalmia answered
In my considered opinion, your friend can file for divorce again. It must have dismissed earlier due to non-completion of the mandatory period of one year of marriage before filing for divorce. Since already 4 yrs have elapsed, the said prohibition is removed. Your friend could feel free to contact me for detailed understanding, legal process, nature of proceedings and any other questions that he may have.