Advocate Vithal Aditya

Questions Answered by Advocate Vithal Aditya

Q: I had an extra marital affair and we got physically engaged. But we cleared everything and we will n

I had an extra marital affair and we got physically engaged. But we cleared everything and we will not marry each other but after one and a half year somehow she managed to convince me for marriage and i said yes and I started seeking divorce from my wife. But one day i denied her that i couldn't marry her. We stopped talking and meeting . and she got engaged twice during this time . but now she came back and started again the same thing and pushing me to divroce me wife and marry her. Otherwise she will file a case against me for rape. Please help me out in this and guide me accordingly.

Advocate Vithal Aditya answered
Hi,about above query it is not come under the concept of rape. I think you have some evidence regarding this relationship. such as call recording, chat, messenger or WhatsApp record and other some proof. it will helpful to you.

Q: Property case small properties generally pleaseeeeeeeeeeere

Sir can you tell me generally small property cases how long it will take time?

Advocate Vithal Aditya answered
There is no fix answer to this question. we should know what is dispute and issue and what is material fact then we can make some logic about required time period. because there is so factors about case hearing stand of other side, court holidays and many more..

Q: Pre deceased mother maternal's share in her father's property

As sir/madam I would like to take advice from you that my pre deceased mother maternal's share will be entitled to her children's and her husband according to class 1 Hindu Succession act .As per this act 2005, it stated that whether any pre deceased mother or son of the property share will equally divided to them as when they get when they alive. Sir tell us whether we get the equally of our pre deceased mother maternal's share ??? PleaseeAs my pre deceased mother maternal's share and two brothers shares one brother is only alive and one pre deceased brother

Advocate Vithal Aditya answered
Hi,as per provision there is equal right in property. but there is need to clear your expectations. if anyone want to surrender there rights or want to transfer to others then it is possible. there is different way to do this. by the way of registration of documents, court procedure and other. so here is need details regarding this.

Q: Mother Passed away with valid will for property

My mother died and she willed her immovable and moveable property equally to her children. Need to know the shortest way to sell the property. All heirs in agreement no dispute.

Advocate Vithal Aditya answered
Hi, if you want to sell it first thing is transfer title to heirs name. by the way of heirship or otherwise with court decree. then you can sell it. there is no any way sell property by name of died someone. tell me your required time limit for doing this and other details regarding this.

Q: On what grounds will can be challenge?

My grandmother died, a month after, my father's sisters showed us a will demanding half the property and till partition/selling of house, the rent whatever coming from the house, We are three sisters and my father got expired in 2003, my mother never knew about anything, the will is of 2004. There are three sisters of my father, out of which two are witness, one have died in 2011, and one is executor. Looking for wayout as we are not even married nor our studies have completed, we are dependent on assets rent as well.

Advocate Vithal Aditya answered
yes, you can challenge will. if you challenge it there is need of scrutiny. it means it is true and it is legal. so there is need to take step. and prevent implementation and stop mutation about which mentioned property in will. you have rights after death of your father your heirship rights raised.