Advocate Vivek Jain

Questions Answered by Advocate Vivek Jain

Q: Legal Validity Of MOU In Future..

If any mou is signed on which it is written that dowry neither taken nor demanded can it debbared to file cases again if dispute arises again

Advocate Vivek Jain answered
No. In case any dispute arises in future, the MOU may only be one of the safeguards but it will not debar the complainant to file a case. The complainant is free to file a case under relevant laws. The object of MOU shall be well drafted and it must be acted upon immediately or as detailed thereon specifically.

Q: Wife died and made a will want to probate it

my wife died on 13.3.15 in hospital and made will on 11.3.15,dully attested by 2 independent witness and doctor.what is the procedure to probate the will now. what is court fee in saket court delhi and lawyer fee and time reqired for probate.please contact at.

Advocate Vivek Jain answered
A wil is not required to be probated in Delhi. As per law, in Delhi you are not required to take probate on a Will. You may directly go for executing the will as per it's contents. Being a beneficiary of the will, you may present the will before concerned authorities and proceed with it.

Q: Husband wants divorce as wife disregards husband's family

got arranged married 3 months ago. She is central govt. employee and I am private employee living with my parents residing in govt. accommodation allotted to my father in Delhi. My mother is paying for her expanses and she never disclose her salary to us while asking replied that she will not contribute on monthly basis but can share when in need. recently She got selected on higher scale in some other city 700 km far on 7th feb but did not inform anyone in my family till 17 feb . on 17th her father came and took her to their home and said she will be joining the new job from 1st march. I and my family are not convinced with her new job as far from home and resident in nature(she has to stay in school accommodation NVS). Although she is saying that after joining will take Leave without pay to live with me but it sounds bluff to me any my family. Meantime while checking her mobile I got to know that she disregard my family to her known and also had boyfriend before marriage.

Advocate Vivek Jain answered
Sir, if u wish to file a case of divorce the above mentioned grounds are not apt and sufficient. Pls meet in person so that I can guide you better as to what else we can find from your married life history, if you really want to file for divorce.

Q: What will happen if me and my girlfriend elope

I and my girlfriend belong to Hindu religion. She has been engaged to a person by her family. She wants to marry me and so do I. What would happen if we run away from our homes and marry each other?

Advocate Vivek Jain answered
If you both are adults and want to marry each other then there is no impediment to the same. You both are adults and choose your spouse.If you wish to go for a court marriage you may contact me and I can arrange the same for you without any hassle. If you are getting any threats from you parents or relatives, we can also seek protection from the Court.

Q: Grandfather made will to give property not giving it to granddaughter

We are 2 daughters to our parents aged 29yr and 26yr. We live in Delhi. I am a software engineer and am married. Our hometown is in Haryana where our paternal property is situated. My father are 3 brothers and 3 sisters. All are married. Our paternal property division took place almost 15 years back. My father was given share in residential and agricultural land. But since my father was in air force, he allowed my uncle to stay in our residential allotted house with grandparents. It is house in a village of Sonipat. But now I have come to know that my grandfather has written a will to give that house to my 2 cousin brothers since my father does not have son and I married a boy from a different caste. That land is not registered land. Just want to know if something could be done in this case. Is it right that because we are girls, we are deprived of our paternal property.

Advocate Vivek Jain answered
NO.... You and your sister cannot be deprived of your legal rights. But under the given facts and situation it is very important for me as an Advocate to first go through the entire chain of property documents and your family structure. You have a strong prima facie case in your favour but we need to get in depth of the documents.Good luck.