Advocate Yogen Kakade

Questions Answered by Advocate Yogen Kakade

Q: how to make a claim for share in fathers ancestral property

My grandfather had 3 kids. All married. The last son died in a car accident. Grandfather had made 2 properties. One self-made and one ancestral. One property was given to my father by benami. The other property was given to my uncle. Is there a chance that the family of deceased uncle be able to make any claim in the property?

Advocate Yogen Kakade answered
Yes.. the family of the deceased uncle has a legal right over the ancestral property. And the self owned property of your grandfather has to be transferred to the son before his death through a legal registered document or after his death through a will.There are many other factors need to be seen before coming to final conclusion.

Q: Threats from ex girlfriend's husband.

I was in relationship with a girl 5 years back. We also had physical relations. But we broke up in few months. After that we were in casual contact. Nothing more than that. Now her husband is calling and threatening me as to why i had relationship with her and why broke up. Girl also seems to be on her side. What can happen to me in worst case scenario? Can they file any rape or sexual harassment case?

Advocate Yogen Kakade answered
No.. in this case they shall not be entitled to go for rape or sexual harassment case. But on the contrary you can certainly file a police complaint against him for threatening you for no reason. Try to record the calls made by him for the purpose of evidence. Do not worry.. but it is always advisable to stay away from the bitter past. You also did not mention the reason behind his intention to threaten you.

Q: 4 brothers are ready to sell the flat but 5th brother disagrees

Hi Sir, We are 5 brothers and we are having a flat in mumbai. And we 4 brothers are ready to sell the flat but our elder brother is not ready to sell the flat. This flat is of our mother and father. But they both are death. So please give advice to me what can we do now? Thank you.

Advocate Yogen Kakade answered
The property has been transferred in the names of you all as being the successors of your parents after their death. In such case each one of your has a undivided share in the property. Your elder brother has a right to keep his share and has a legal right to dispose or retain his share in the property. You shall not be in a legal position to sell the property without the consent of your elder brother as the property has undivided shares.

Q: My boyfriend gave false promises for marriage and married another

me any my boyfriend are in relationship. 3 years back we married by putting mangalsutra in temple. at that time no body know we are married no proof stating the same i have. he promised me he will ask his mom and if she says yes we will marry again. he promissed me every time he will.marry me. we were happy. then last year he married another girl of same cast. i tried to convince him not to ditch me but he did. now he is having divirce with that girl. when this case started he said he will marrry me when this case ends. but now he says he will.not marry me. what can i do? i am not able to think as i love him truly. i helped him always. i dnt have any proof to state that we were married nor he is ready to marry me now. his present wife know about us and with the same she had filed divorce in court. kindly advise what should i do. as he had beaten me twice but now i am not able to think. i am punjabi he is maharashtrian. i have few call recordings but dnt think they will.be helpful.

Advocate Yogen Kakade answered
The facts mentioned by you about your marriage, it cannot be called as a valid marriage. Even if you approach the court, the court is going to ask you about the justification of why you did not file the case earlier when he was getting married, as you were is live in relationship with him? If you still want to proceed with the legal way, then the facts of the case need to be studied to get the grounds out of the same to make the case maintainable.

Q: My son and his wife harassing me for property

I m Hindu first purchaser & My wife 2nd purchaser bought a flat at our money ,we repaid loan all repayment cheques in my name , my son A , without paying any money he made 3rd purchaser persuaded us , son promised to help but did not paid , we have another son B ,Now wife of 1st son harassing us as we both are sr citizen , my 1st son & his wife bought flat near our locality , son A & his wife r not allowing son B in the property neither relinquishing the right in the flat his wife continuing to harass us , how to dislodge son A

Advocate Yogen Kakade answered
Even if there might not be a property issue, your son and daughter in law has no authority to harass you or your wife. Being a senior citizen, you are every right to take a serious action against them. You can also file a complaint at the nearest police station. Firstly narrate all the incidences of harassment with date, collect the evidences and go ahead and teach them a good lesson of how to behave with your parents.