Advocate Veena

Questions Answered by Advocate Veena (25+ answers)

Q: In law issue and husband supporting them over me

I got married last year. Before marriage and during marriage preparations, jewellery talk never happened but.Within days of marriage , my jewellery was asked by mom in law which I denied to give. From that day , my in laws always taunted me and keep manipulating my husband . But my husband supported me.moved to Bangalore after 1month. But husband changed &started taunt. Now my husband is asking me to cut my parents contact. He fights with my parents rude.Im pregnant now . What to do ?

Advocate Veena answered
To give any legal advice on the above subject matter I need few questions to be answered.From when did your husband started to harass you just like your in laws is it after your pregnancy or before before marriage for how long you knew that person in the sense were you well acquainted with that person?or is it arranged marriage where he was completely stranger to you before marriage?

Q: Need to know the stamp duty for release deed if i add 10Lakhs

I wanted execute a release Deed to transfer my Dad`s property which is now in my Mother`s name. i will have my Edler sister and elder brother that will sign the release deed with my Mother.Question - what is the stamp duty i need to pay if i add 10lakhs as consideration amount paid to releasors? will the stamp duty be calculated on 10lakhs or based on government value of the property?ThanksMahendra

Advocate Veena answered
In your case, the property is now in your mother’s name, and your brother and sister are releasing their rights in her favour. Since this is a Release Deed among close family members, Karnataka law gives a special benefit.Even if you mention ₹10 lakhs as consideration, stamp duty will NOT be calculated on ₹10 lakhs. Also, it will NOT be based on the government (guideline) value of the property. Instead, a fixed and very low stamp duty is applicable for family release deeds.In Karnataka, such family transactions usually attract only a nominal stamp duty plus registration and other charges.So you will pay only a small fixed stamp duty, not on ₹10 lakhs or property value.But It is generally observed that in family release deeds, especially among close relatives, the law provides for a nominal stamp duty. However, where a significant monetary consideration is mentioned, there may sometimes be additional scrutiny from the Sub-Registrar to ensure that the transaction genuinely reflects a release of rights and not another form of transfer.

Q: Remarriage, no child still claim on late husbands ancestral property

I am Hindu widow who got married recently. My first husband died 10 years back. Do I have rights in my late husband's ancestral property, he had no self acquired property. I never claimed any property till date. The property is name of my late father in law who was dead before my marriage to my late husband? I have no kids. Still I can have rights in my late husband's ancestral property after my remarriage? Can I still put case against other legal heirs for ancestral properties.

Advocate Veena answered
Under the Hindu Succession Act, 1956, your rights can be explained simply:When your husband died, his share in the family (ancestral) property legally passed to his heirs. As his wife, you were a Class I heir, so you had a right in his share even if you did not claim it earlier.Even though the property was in your father-in-law’s name, after his death it would have been divided among his children, including your husband. So your husband had a share, and after his death, you are entitled to that share.Your remarriage does not cancel your rights. Law does not take away a widow’s inheritance just because she remarried.Since you have no children, your right still continues as your husband’s legal heir.However, since you are claiming after many years (about 10 years), the court may ask why you delayed. Other family members may also object. So delay can create some difficulty, but it does not automatically cancel your right. In simple words:Yes, you still have a right in your late husband’s share, and you can file a case for partition, but you should act quickly and with proper legal proof.

Q: Land grabbing attempt-i have 37 years settled posession

I have a peaceful legal settled posession of my property 50*60 site for 37 years.A land grabber has attempting to seize part of property by manufacturing a fraudulent title for the adjacent Site 18. although Site 18 was divested by the original owner (Muniyamma) through sales in 1994 and 2007, the Plaintiff obtained a "paper deed" in 2023 from the same seller for a nominal ₹1 lakh.he has obtained a ex-parte Injunction court order against me.I would like advice on killing the injunction.

Advocate Veena answered
You can cancel (vacate) the ex-parte injunction by filing an application under Order 39 Rule 4 CPC before the same court. In simple terms, you must tell the court that the plaintiff has obtained the order by hiding important facts and by using a false document. Therefore, the plaintiff’s sale deed is not valid etc. Also clearly show that you are in peaceful possession of your property for the last 37 years. Courts usually protect long and settled possession. You should submit proof like old documents, tax receipts, khata, and encumbrance certificate. Further, argue that the plaintiff has no genuine case, and the balance of convenience is in your favor. Because of this false injunction, you are suffering hardship. The court will then hear both sides and can cancel the injunction. Along with this, you can also file a counterclaim to declare the plaintiff’s document as illegal and to permanently restrain him from interfering with your property.

Q: Can mother gift property to her one of the children

Father's own properties are transferred to mother's name(powthi) after his death with the consent of all his children.Now what is the simplest way mother could gift it to her children with her desire?Can she make gift deed?? Or is it mandatory to make partion deed or any other way to simply transfer the property ownership with minimum amount or effort(easy way) please suggest

Advocate Veena answered
Your mother can easily transfer the property to her children through a Gift Deed, and this is usually the simplest and safest method. Since the property is already in your mother’s name (after your father’s death and with children’s consent), it is treated as her absolute property under the Hindu Succession Act, 1956. This means she has full legal right to decide how to distribute it. A Gift Deed allows her to transfer ownership during her lifetime, to one or more children, in whatever proportion she wishes. It must be written, signed, and registered under the Registration Act, 1908. In Karnataka, stamp duty for gifting to family members is minimal, making it cost-effective. Compared to other options: • A Partition Deed is suitable only if all parties want equal division and must be signed by everyone. • A Will is cheaper but takes effect only after death and can be challenged. For practical safety, your mother should include a life interest clause, so she can continue to live in or use the property even after gifting. So, the best and easiest option is a registered Gift Deed with clear shares and proper drafting.