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Gopala Krishna

Posted 9 months ago

I am Hindu married female.My great grand father got land property,died in testate in 1980. My grandfather his brothers on succession partitioned the land in 2009,.My grandfather having self acquired property also died intestate in 2014.My grandmother died before in 2007.My father,his brother being successors enjoying properties jointly since 2014.My father,mother,brother,myself are our family. When I ask my share of ancestral properties,my father refused saying that my great-grandfather property lost ancestral characteristic due to division in 2009 and my grand father's property became absolute to him as self acquired and he being class 1 successor of my grand father,absolute rights lie on him alone during his life time .Is the stand of my father as per law. Please advise. Thanks for sparing your valuable time.
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A. Dear Mam, The contention of your father is not tenable in law or facts. Things are changing in terms of LAW. You can consult for a further advice in this regard.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 10 months ago

What are the legal consequences if I run away from home. I am being forced into marriage yet I don't want to troble my family. I have a boyfriend and I fear he might be penalised legally. What should I do to avoid all and still run away?
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A. Dear Mam, Since the matter is not clear in terms of majority, please relate and act accordingly: 1. If you are below 18 years of age, then you complain of this marriage to the nearest police station as "Child marriage". Since, you are below majority age, the decision of your parents are final and binding on you but "Child marriage" is prohibited in Law. In this context, if you run away from your home and your boyfriend is a major, then he will be penalised for abduction, and your views on it like "You went with him in sane mind, will not have any grounds." 2. If you are of legal age, i.e above 18 years of age, you are a major and no one in this world can force you to do anything except Law. If you are being forced to marriage, then you can stand firm against it and in this case if your boyfriend is also of legal age i.e 21 years then you both have the rights to tie the knot, even if no one agrees and none can stop you except Law. In this situation, since both of you are of Legal age and are elgible under Law to get married, even in you elope from your home, your parents cannot penalise your boyfriend or you. In this case, your statement that, "I went with my boyfriend in my sane mind" will have persistence. 3. If you are a major and your boyfriend is a minor, then also he cannot be penalised. 4. If you are a minor and your boyfriend is also a minor, he cannot be penalised. Hope the above helps.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
My case was under mediation at lower court when my husband approached Allahabad high court for mediation there also. Later mediation failed in lower court and after that I received notice to come to Allahabad for mediation and notice also stated to put a stay on any police action /arrest against my husband and his family. 1. It is allowed to approach high court for mediation when it is already going on in lower court.CanI sent a notice to not have mediation in Allahabad 2. What can i do to get the stay from police action removed 3. Will a lawyer from my city will be able to present my case in Allahabad
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A. Dear Mam, 1. It is not permitted in LAW. You can file a review against that order of the High Court. 2. Order of the High Court making a stay. 3. Please contact Vidhikarya at 1800 120 3313 for guidance.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 10 months ago

Hi 1. I have purchased a flat in my mother's and my name. My mother's name is first and my name is second. All initial payment and other expenses done by me. Bank loan emi is being paid by me regularly. Can my mother or her legal hire claim on my property in future? At present my mother is ready to sign on any documents. 2. Similarly I have form LLP company my mother and myself are director of the company. Please advise in the matter.
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A. Dear Sir/Mam, No transfer can be legally done, till the last EMI has been paid and NOC certificate received from bank. Post that, a gift deed can be executed in your favor. In relation to LLP, there are different types of parteners like designated partners, sleeping partners etc. You have not asked any query in relation to LLP. You have just stated that you are a director of a LLP woth your mother.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

VAISHNAVI JADHAV

Posted 11 months ago

Sir/Mam, I am Married women. when i was small my mother and father have divorce. my father get married with another women and they have 2 child. I was live with my grand mother and grand father. I was get married with other cast person for that my hole family was not talk with me till now. my grand mother have 4 child I have 2 uncle and 1 attya. they all are settled very well and they have there own and well build hoses. but in the house of my grand mother no is lived there. after marriage i live with my in lows. but I don't have well build house to live. my house is very small. my economical condition is also very bad. So my question is Can I demand for that house to my family members?
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A. Dear Mam, In order to provide a specific advice, you need to share the complete information. On a high level, it can be stated that you have rights in the property of your ancestors and the same right cannot be taken away from you just because you have married some other person who is not from your caste. The possible deniability on the rights to the property is as stated in the LAW itself.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

prem Raj

Posted 11 months ago

Dear sir/madam.i loved a girl in 2016.we both are majors now but there family taken her to there native place .I don't know there address.i have only photos and numbers.they saying I give my daughter to there cast .sir can move legally....
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A. Dear Sir, Since, both of you are majors and if she has been taken forcibly she can file a compalint before any police station. You will have to move a WRIT petition in this case. Since, both of you have attained the age of majority, LAW has empowered to marry. No one except LAW can stop you from getting married.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
I had file a Application against my husband on 17-05-18 and case has cancelled 0n 19-5-18 after a agreement in police station But now i realised that i have taken wrong decision after have a look on my in laws behaviour. now tell me what to do. can i cancelled the agreement if yes then under how many days. or i have to re file the case if yes then under in how many days. Please Help Me urgent
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A. Dear Mam, The case was not "cancelled" but it was withdrawan. You had withdrew the FIR against your husband on basis of an agreement which was eventually not abided by him and he returned to his previous attributes. You have to file a fresh complaint with the police station mentioning about the previous complaint along with its details, the agreement and the reason behind filing this fresh compliant. There is no such time limit for refile as because it will be a fresh complaint but FIR needs to be filed as early as possible from the date of happeining of the event. The gravity of the purpose gets defeated if filed too late.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 11 months ago

I have a query. I am a Muslim girl who wishes to marry a hindu boy. However my family is allowing me to marry him only on a condition if a Nikkah is done. They want us to do Nikkah to avoid the ill treatments from relatives, although the guy do not intend to change his religion as well, the reason is same he don't want get to dis owned from his family. Please help me out with a way for it because I really wish to marry him with my family's approval. I am in major grief because of this. Please help and guide me with a proper solution in which both the family will accept us.
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A. Dear Mam, If you both are adult at this age and are permitted by law to get married then you can get your marriage done under the Special Marriage Act.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 11 months ago

It's been 1 n half years to my marriage and my parents in law had demanded for dowry 10 laks out of which we have given 5 lacs.. They have harassed me and abused very badly over phone and with this pressure even husband starting beating me up listening to their parents. I have filed a dowry case against them and now they are denying they have taken dowry and they never demanded for money.. Before 1 week of marriage we had transferred 60000 Rs to my husband's account and handed him 40000 Rs and the rest 4 lacs were given to his dad when nobody was there. How should I prove that they have taken dowry.?
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A. Dear Mam, You have a very strong evidence of bank transfer. It is sufficient to prove the entire facts. Currently, the LAW is very strict in relation to any demand of dowry either directly or indirectly. You have also mentioned that there has been domestic violence on you but you have not mentioned whether you have raised voice against that along with the dowry case.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Hi.. I am on my maternity period. My due date is on may 31st 2018. Have applied for the divorce last year in the month of December (mutual consent), now I am waiting for my final divorce papers. I don't want to include my husband's name in my child's birth certificate. In the divorce papers it has been mentioned that full custody of the child will be taken by me. Please let me know the procedure to apply for my child's birth certificate without including the father's name.
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A. Dear Mam, You can submit an application before the hospital authorities accompanied with a copy of the petition for divorce. They will put your name in the place for guardian.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

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