Y V Vishweshwar Rao 's Expert Profile

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kapil dehuliya says : propert succession
Message : sir my grand father(mother side) had two wives.he married second wife after death of first.so second wife was legal.my grand father died in 1963.his first wife died before 1950.his second wife died in 2009.my grand father had ancestal property.he had 10 acre land.there was no divison of propert among heir of him before today. my grandfather had following living heirs. one son (first wife) 4 daughters (second wife) sir my qustion is that how would be the distribution among the children of both wives, as both wives and grandfather are dead.we are hindu,property is on name of 4 daughters and 1 son. do the distribution between above heirs would be equal.i.e. each will get 1/5 of total property.or their is different provison of divison for children of second wife.plz give your valuable suggestion.

Prakash says : Partition Query
An Oral partition of ancestral property was made between two brothers about 50-60 years back and they were having the benefit of the respective shares allotted to them till recently. One of the brothers died about 40 years back. The surviving brother and the sons of the diseased brother entered into a partition list in 1990 citing the oral partition made and the properties allotted were listed in the partition list drafted by a senior advocate. The partition list is unregistered. About few years back the grandsons of the diseased brother have filed a suit against all other family members claiming their shares. My Queries 1) Wanted to Know if Oral Partition done long back is valid, and in case Yes what are the points that needs to be highlighted to court. 2) I would like to know the reference Case numbers for which the Courts has passed the judgments for Oral partition Cases. Kindly let me know for reference. 3) What are the disadvantages of not having the partition list unregistered? Kindly address my queries which will be of great help to me at this point of time.

Mohit says :
Dear Respected Mr. Rao, I need your expert advise on Real estate issues. Kindly provide me your email id on mbansal131@gmail.com Thanks & Best Regards, Mohit Bansal.

krb says : Family Matter
Kindly advise me on following matter: Since last 6 yrs wife is living with parents,as unmarried after being victimized for 6-m in Hindu marital home by subjecting her to sexual and domestic abuse without any regard to her illness, mood and prenatal care during her 4-months of pregnancy.She was maltreated by husband and in-laws for not bringing enough home gadgets,not financing debt burdened husband. After 3-m of pregnancy,first time husband took her,not for care and treatment,but for sonogram,showing fetus defective.So,she got further victimized by vindictive husband.He assaulted her in pregnancy,physically,by dragging her from one test center to another and one city to another to procure unethical medical tests and reports from unlawful practices,which were then inflicted upon her,by keeping her parents in dark. His these hectic efforts were only to collect evidences but in vain.He became furious when asked to undergo similar tests. After failure to extort said assets and on wife advising him to get his medical tests before blaming,she was ousted in physically and mentally ill conditions after grabbing her all valuable gifts and her 'Stridhan" with a warning to her and in- laws to face divorce and dire consequences if attempted to meet for reconciliation.However,without any kind of cooperation from husband-side, wife got her forced legal abortion on parent's expenses. Immediately,within a couple of weeks,husband made police case (NC), sent legal notices including writ petition,and did not give any chance to wife-side to contact him. The charges against wife-side consisted of : i) cheating by hiding wife's medical history which resulted in miscarriage. Wife-side refuted and called it baseless and challenged him to have his tests first. Also wife never took any legal action against him, to claim her matrimonial right. ii)Cruelty--In-laws not sending wife for conjugal relationship-the fact was he ousted wife and terrorized them by his legal and police actions without even contacting them.Till-date no further attempt by him for marital relationship. iii)His fundamental right got violated as he had say in the matter of abortion, but wife intentionally avoided as she wanted to deliver handicap child so as to blackmail and harass him for maintenance. The fact was he even was not aware of her abortion. iv)Wife with parents looted his house,including her property.Till-date, no action from police nor his follow-up action. More than 6-yrs have passed with not a single reaction from wife-side nor any further communication from husband after what he did as above.Even no notice from any court nor from high court. Wife-side still considers and equates the whole tragedy with a road-side injury like biting by mad stray dog,and gives emphasis to curing, healing and mental peace in daughter's life, instead of fighting lengthy cases by getting entangled in legal machinery.Even the Laws have loop-holes, resulting in miscarriage of justice. Wife-side even today not bothered to find whereabouts of husband, because they got severely hurt the way he suddenly behaved as stranger with wife after abusing her body,did not even hesitate to harass wife and in-laws by using 498A like charges. Now wife-side wants: 1)To get out of the clutches of husband to avoid any litigation in future, 2)To dissolve the marriage on the ground of irretrievable marriage and if permitted by limitation acts to work in the favor of justice,the wife wants her husband to be punished for his alleged crimes, mainly,i) Dumped wife since last 6-yrs, deserting her forever to live on her fate in unmarried state and as destitute, and without bothering for her whereabouts,ii) taking legal and police action directly against own wife on false and fabricated ground in order to grab her property and to get rid of her on not meeting his demand,iii) Inhuman act and cruelty inflicted on pregnant and sick wife iv) not playing duty of husband and father by ignoring telephone call from Dr who did abortion,v) abused wife by using her body for unlawful medical tests, including collecting blood samples from unhygienic test centers and misusing them as evidence of cheating while filing writ petition. Thanks. Regards. Note: The query is raised by the relative of the wife who is engineer by profession and has habit of reading articles from different field

Vivek says :
Hi, I intend to open a web development & services company. As buying office space is very expensive, I need to check if I can open this company in Residential premises. I understand that CA, Doctors, are allowed to open their offices at residential premises. I am looking to buy a 3BHK flat in Gurgaon and start office in flat. Please help me with the legal issues around this. Regards Vivek

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