Advocate Vishwaditya Sharma

Questions Answered by Advocate Vishwaditya Sharma

Q: Ownership of nagar nigam land having possession for more than 20 years

My father is a shopkeeper since more than last 20 years with a roadside stand on Nagar Nigam land adjacent to the big drain. The piece of cited land is beyond the main road and at the corner of the linked branch road approaching to the colony developed. We want ownership of that land legally as this shop is the only source of income for 3 no of houses including us. As this is a road side stand, we are getting threatened several times by different govt officers and goons. We are mentally suppressed as this shop is our only hope and source. Kindly help. I will be very thankful to you. From the last 20 years we have most of the nagar nigam chungi receipts as the evidence. Required your expertise.. i will pay all the fees which is under my capacity surely.

Advocate Vishwaditya Sharma answered
sir, to give you any sound legal advice in your matter further details are required. will have to go through all the documents you possess with complete facts. giving any advice without going through complete facts is not appropriate.

Q: My GrandFather has been gone missing during train journey

My grandfather and my parents were traveling from our village Gonda to Ahmedabad. He boarded Sabarmati Exp. on 15/05/18 and had dinner together around 10 pm, while the train was reaching Ratlam Jn and slept on their allotted seats. My father woke up around 2 am, while the train was reaching Vadodara, and noticed that my grandfather was not in his seat. nSince my father & grandfather slept after Ratlam Jn, the train crossed three stations - Meghnagar, Dahod & Godhara. I visited all three stations inquiring if he missed the train or if any accident happened. Godhra station's CCTV confirmed that while our train left the station around 1 am, my grandfather was still there at the station. So finally, the Railway Police filed a "missing report". It's been over 5 years & there is no clue what happened to my grandfatherMy grandfather owned farming land where my uncle is currently farming. Please advise, how my father & uncle shold claim the inheritance land and house, equally.

Advocate Vishwaditya Sharma answered
Sir, according to Section 108 of the Evidence Act, a person who remains missing and has not been heard of by persons who would have usually heard of him for seven years is presumed to be dead for all legal purposes. Till then there is not much you can do. I advice you carry on with the family understanding as it is for past 5 years for another 2 years. after completion of 7 years you'll have to seek declaration by the district court of his death and only after getting a decree of declaration from the court you can apply for death certificate. only after receiving the death certificate the process for tranfer of agricultural property between your father and uncle can take place.this is a general advice based on the facts you have stated above the question.regards

Q: Muslim Successation Law , Property Dispute In Family .

My father purchased a house on his retirement money in to my mother name . My mother was a house wife after her death , my father is consider an owner of this house ? Or not . After my mother death, this property is divided to father, her sons and her daughter .

Advocate Vishwaditya Sharma answered
As per Benami Transactions (Prohibition) Act, a husband cannot claim ownership of a property purchased in his wife's name irrespective of whoever paid for it. After the death of your mother the property shall be divided amongst all her legal heirs in accordance with her religious personal laws, including and not exclusively on your father. This is a general advice in response to the limited facts you shared in your question. Regards

Q: Mental harrasment by wife and in laws

I am married since 2013 with 3 children. My wife and her parents are harrasing and expoliting since very starting. My wife and in laws intimidate me continously with false and baseless police complaints/cases to extort money out of me. They have already lodged multiple false police complaints against me and my family. I am living in mental truma since 2013.Please advise me to how to stop this harrasment.

Advocate Vishwaditya Sharma answered
Sir, from your question it appears that a lot of litigation is already pending. in such situations it will not be wise to give you general advice without going through all the papers and understanding all the facts in detail. you are adviced to consult a lawyer will all the documents.regards

Q: Wanted husband will not be able to leave india

I m suffering from psoriasis arthritis from june, my husband left me and my 8 year old daughter at my home and left for abroad and also started a affair with a girl , many times after that came to india to meet that girl but didn't meet us, and neither take us with him. Eariler 2 years also he had affair and sexual relation with some other girl. Me and my daughter are very much mentally suffering because of this. Currently he is in india, I want he cannot leave india without solving this matter. Is it possible.

Advocate Vishwaditya Sharma answered
Madam,file a criminal case against him under section 498A for causing cruelty and also file for maintenance of yourself and your daughter under section 125 CrPC. Taking legal action may only be the recourse to your problems. This is a general advice based on your question.regards