Advocate Vikram Vishwas Kulkarni

Questions Answered by Advocate Vikram Vishwas Kulkarni

Q: Sister claiming share in father's property and not ready to settle

I am staying brake one room which is left my father and mother and having to sisiter one is dead and other live who create problem in settling the propriety demanding fifty perscent the what about other sisiter. Present the value of proprarty cost is Rs 40 Lakhs .she claim that this proparty is for Rs 600000/- I had requested if so the you pay me Rs.20,00,000/(lacs) to me and take proparty she dose not agree this also .and what about my second sisiter. Please advise in the matter and oblige.

Advocate Vikram Vishwas Kulkarni answered
your Sister is eligible to file a claim in your fathers and mothers property but if her demands are exaggerated then you can file a suit for partition also if your other sister is dead and she has any sons or daughters then they can claim the property through their mother even if deceased.please consult your local lawyer for further details

Q: How Decree of Divorce looks like?

Hi,I had a mutual consent Divorce Case (under Hindu Marriage Act) for which judgement has already been passed.I have already applied for decree of divorce through my lawyer.I want to know how the decree looks like....your help would be appreciated.Thanks

Advocate Vikram Vishwas Kulkarni answered
If the judgement is passed then decree will also be passed soon the decree is same as the judgement and has part of your plaint of suit and operative order of court. it will not be any different from judgement.please contact your local lawyer for further details.

Q: Can daughter claim in father's property after his death

Mother and sister conspiring to grab all father's property--- My father died on 25 june 2016, i am staying in the same place so i take their care, after his death my younger sister started influencing my mother and has done her nomination on all Fix deposits of my father, she is also a joint bank locker operator of my parent's locker, Now my father had purchased a flat 25yrs back by his self earned money, but he had registered it in my mother's name, i doubt that my mother will make a gift deed of the flat on her name. what shall i do to get my valid share on all Fix deposits, flat and Gold.

Advocate Vikram Vishwas Kulkarni answered
if you want share of assets of your father. please consult a local lawyer and file a suit of partition of property as soon as possible in the nearest court of law also please do not forget to mention all assets that your father had such as shares,stock,property,bank accounts,jewellery etc please contact your local lawyer for further advice

Q: Partition in a shop having 2 businesses both under legal dispute

Dear Sir / Madam, My father(A) runs a tailoring business in a shop premises which is having a laundry business also run by someone else(B). Original tenant(C) had sub-lented this businesses to (A) & (B). (C) filed separate cases against (A) & (B) for vacating the premises. (B) had won the case in high court for his business activity. Now the case between (C) & (A) is running under small court. my query is can (A) get his part of the business premises partition. please advice. Thanking in advance

Advocate Vikram Vishwas Kulkarni answered
If B has won the case in high court A can win it too if the premises have been let to both at the same time and same rent because then cause of action will be same if the premise is a single shop then it will be difficult to partition it otherwise A can also give reference of B high court case in his case also. please contact your local lawyer for further advice

Q: Will society formation legalize encroached land

11 families are living on a collector land,they are encroachers from 1967. Can they form a society and go for sra project.Kindly reply as soon as possible.Reegards.

Advocate Vikram Vishwas Kulkarni answered
Formation of any kind of society can never fully legalize any encroachment of any land for that matter collector land also comes under this rule and principle. encroacher will remain encroacher until they get full and clear title of the land and on government records such as 7/12 extract property card etc.please contact your local lawyer for further advice