How to divide the property?
How to divide the property?
Hi sir, we are six members in the family me my mother father my brother(elder) and his wife and their 5year old child, daily my brother and his wife tourchering my parents regarding lot of small small
2 years ago
A. Dear Sir,
You may file a partition suit and thereafter enter into compromise with other siblings then court will pass a decree. Then appoint Court Commissioner to divide the property as per law.
Property dispute between me(son) and my sister and mother
I am a Hindu male living in West Bengal. My father passed away 2 years ago, leaving me(the son), my mother and my sister. He had bought our house with his own money in 1982 and a flat in Kolkata. Befo
2 years ago
A. Since the will clearly mentions that the house will devolve to you after your mother hence there is no question of your sister selling her share of the house. You should respond to her legal notice through a good property lawyer from Kolkata and her know that she has no rights to do anything like that.
Ayantika Mondal @ Prime Legal
What are the rights of children from second wife after father's death?
My father expired without making a will. He had a second marriage without divorcing the first wife. He had 4 children from first marriage and 2 from second. He has put name of his second wife for his
2 years ago
A. Since he has put his second wife's name in the service sheet so the pension and retirement benefit like PF will be given to the second wife or children of second wife hence you should immediately send a letter of representation to the company/organization stating the fact that she is second wife and that marriage is not valid as your father did not take divorce from your mother. Hence they should not pay anything to them.
They would immediately stop the processing one receipt of the letter. Pos ...ReadMore
Ayantika Mondal @ Prime Legal
Our law is such that anyone can complain against you without any evidence though you are innocent, and it's you who has to prove your innocence by hook or by crook
Our law is such that anyone can complain against you without any evidence though you are innocent, and it's you who has to prove your innocence by hook or by crook.
2 years ago
A. You are correct to some extent and if you are innocent then the investigation agency, the police will come to know about it and they will close the case by submitting the FRT- Full and final report to the court instead of chargesheet. Yes you may have to face little hassles but then the case will be closed.
In case the police is not able to close the case then you will have to prove your innocence in the court.
Ayantika Mondal @ Prime Legal
Can father divide his land according to his wish?
My father has divided our ancestral land according to his wish. He has divided the land into 4 parts. 3 parts are for me and my brothers and 1 part for my mother. In the papers, it is written that aft
2 years ago
A. Dear Sir,
If it is ancestral property you will get birth right as such father cannot divide the land as per his whims and fancies. Better you file a partition suit claiming your share and thus prevent him from proceeding further in dividing the land which is ancestral property.
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Can the company take legal action if I don't serve the notice period?
I quit my job and wont be able to serve the notice period due to personal reasons, the offer letter I signed had no mention of notice period on it. Furthermore notice period was introduced(after 6mont
2 years ago
A. Dear Sir,
If you have not signed any bond with the Company then it cannot initiate any action. Even otherwise they cannot take any action under Section 27 of Indian Contract Act. It is better to close the matter by issuing a letter intimating them about your urgency to exist from the company without notice.
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What action can be taken against Illegal Termination?
I have been hired by a company on 31st Aug 2020 on contract to hire basis where they have mentioned that I will be a permanent employee of their company and they will deploy me at their client site. W
2 years ago
A. Dear Sir,
You may get issue a legal notice and also approach office of Labor Commissioner under Section 12 of Industrial Dispute Act. Such office has vast powers to mediate the matter and settle amicably. You can also approach Civil Court for wrongful termination claiming compensation.
When the reply from the defendant will be given to the court?
If the plaintiff wants to get some remedy from the defendant and the plaintiff has sent a notice to the defendant from the court, then the respondent will answer in the court after fulfilling the dema
2 years ago
A. This is theoretical question and there cannot be an absolute answer and it depends onto the defendant and also what demand/remedy has been asked. You should bring all your facts together when you are asking question rather than asking questions in bits ans pieces.
If you need proper answer from lawyers then put all the facts together and then ask the question.
If the remedy is critical the defendant will fulfill that first otherwise not.
Is marriage with a woman who has not taken divorce from earlier marriage valid?
I have married a woman who is not legally divorced with the first one, can I am eligible for divorce with her
2 years ago
A. You don't need to divorce her as your marriage is void and invalid as per Section 11 of Hindu Marriage Act, 1955. You are not married to this woman and hence you can just ignore this marriage as null and void.
Section 11 in The Hindu Marriage Act, 1955
11 Void marriages. Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 11 [against the other party], be so declared by a decree of nullity if it contravenes ...ReadMore
Can the land owner ask for past yield of the land?
After the death of my brother 5 acres of land has been transferred on revenue records to my sister in law. However she didn't take care of this land for the last 8 years due to family disputes. It was
2 years ago
A. Looking from the angle of equity and justice if she files a case and it the court has to decide then there will be a probability that you might have to share some portion of the yield/revenue generated out of the crops with her.
