icon Property division

My father and his brother purchased property in their father name but after demise of their father the property was transferred to my grandmother name but my father has 2 brothers and 3 sisters will t


A. Your case is different and you father and his brothers purchased the property in question from their own funds. Its a benami property in the name of their father. Grandmother can be stopped from making any further will and should be stopped otherwise matter would be more complicated.

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Latest Response 3 years ago
Rajinder Pal  Singh

Rajinder Pal Singh

icon Need to file WS in Patiala Court Delhi from West Bengal

How to file a written reply to the court defending myself against a petition filed by my wife under Section 25 (III) of the Special Marriage Act, 1954. Please note that 30 days have passed since I got


A. Hi,
The word written statement means a pleading for defense. In other words, a written statement is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff along with any new facts in his favor or that takes legal objections against the claim of the plaintiff.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon RCR execution

I got a RCR decree against my wife. Is it executable?


A. I am assuming it as Restitution of Conjugal Rights decree. It is executable but at last Court cannot compel your wife to stay with you. If 1 year is elapsed after the passing of the decree and your wife does not comply with the decree then it itself forms a ground of divorce for you. You may file divorce petition on this ground.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Family Issue

I have a son who is so much irresponsible,he has created issues for the family including debts(above 16lkh), destruction of the family name, embarrassing whole family..we have done our best and paid m


A. Hi,
You can file a complaint against him for outraging women's modesty under S.509 IPC and criminal intimidation under Sections 503 & 506 IPC. Protection orders can be obtained from the Court if you believe he is a danger to the family, he can be made to stay separately.
You can file a money recovery suit against him for the losses he has caused the family, if he has other personal assets.
To distance yourself from his actions, you can post advertisements in newspapers and other social media th ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

DIYAVARHUSSAIN  SHAIK

DIYAVARHUSSAIN SHAIK

icon Summons related

I filed RCR case against my wife. I know her address, court sent summons to them. But they not received. The reason they telling to the postman is they are out of station. What happens if they continu


A. Hi,
Summons received, should not be ignored intentionally.
However, one must be served with a Summons and a copy of whatever Complaint or Petition that was filed against one. Until then, one don’t have to go to court, and no judgment can be entered against one.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Separation

We are married for 8 years with a child. We both are working. I feel a sense of imprisonment when I am with him. I need to think and talk, else face his wrath. I have a broader outlook and like to dis


A. Dear Client
As per your submissions it seems your husband is creating a conditions where you have no chance to express your opinion, share your feel, share your expression of pain and pleasure, all these comes under cruelty, if you wish to live with him then take this matter to women counselling, else if you wish to depart from him for ever then process divorce as all his actions as per your submissions attracts the provisions of divorce. you can even claim your maintenance

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Latest Response 3 years ago
DIYAVARHUSSAIN  SHAIK

DIYAVARHUSSAIN SHAIK

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Release of property to brothers's wife after brother's death

Dear Sir/Madam We are three brothers and have three properties in the name of three brothers. We are staying in separate properties of these mentioned properties. Our elder brother passed away 3 yea


A. Dear Client
As per your submissions, the properties are in your three brothers names, now one brother is passed away, you wish to transfer your brother share to his wife and children, then make a settlement deed among all the legal heirs of the said properties, else you two brothers gift the part to his wife and children.

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Latest Response 3 years ago
DIYAVARHUSSAIN  SHAIK

DIYAVARHUSSAIN SHAIK

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon RCR case

I sent legal notice to the party saying that i am filing RCR case against them, but they are in the same address. Still not receive the notice, saying that they are out of station. What if they contin


A. Hi,
Legal consequences of legal notice depend upon the fact that it is delivered. If the legal notice remains undelivered because the party refuses to accept it, then it goes against him treated as valid.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Summons

What if summons are not receiving every time, even though they are in the same adress. How can I prove they are living in the same adress.


A. Hi,
The facts of the case are not clear.
More information is required to advice you properly.
However, If the summons is not duly served then no action can be taken against the defendant.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon My brothers have not included in the land partition

After my father's death in 02/20202,both the brothers of mine have done the partition of land without including me.As i stay out of state, without my knowledge they have applied for the partition.I ca


A. Hi,
You can file a partition suit as you are a valid legal heir and entitled to a share of the property.
The Court can then divide the property among all the legal heirs equitably.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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