Legal Questions from Zirakpur
Browse legal questions asked by residents of Zirakpur.
In my succession case, I have only asked for my half share in the movable assets of my deceased middle aunt. Earlier I was declared class 2 legal heir along with my eldest aunt. My mother being the youngest sister of the 2, predeceased both of them on 21/01/2026 Next my middle aunt died on 04/05/2026. The eldest aunt died on 11/01/2023. I filed a succession case in April 2023 and I brought the children of my deceased defendant on record as respondents number 1,2,3. The respondents in their written statement had purely defensive pleadings. They filed no claim, no counter claim or any separate prayer to avail their 1/2 share. As per Hindu succession Act, under section 15 1 d read with section 16, my eldest aunt is the only surviving daughter and I as the petitioner fall under the representational branch of predeceased daughter. We are both identified as legal heirs, being the heirs of the father. Now, my question is, do the 3 respondents stand a chance to get the 1/2 share of their mother in my case? Or will they follow another remedy as per law to avail their mother's share? Is it true that in inheritance the court gives the share of all at a go? And does not keep the shares of one party in bains?
My defendant committed purgery in my succession case. I filed a purgery case which is a criminal case against her I have a prediction that she may not appear upon summoning after my preliminary evidence. She may give authority via GPA to another person to appear on her behalf. My advocate is somehow in favour of her and says let the GPA attend the court dates on my defendant's behalf and that my defendant will still be accused. Is this correct?
I am giving objections to the GPA, SPA and the false statement written by the attorney who is designated as the GPA and the SPA. previously I had submitted objections without an affidavit and the title of my objections was, "written points of the case." The judge did not let the reader stamp them as she said that they are points of my oral arguments. But the opposite councel somehow managed to get a copy of my "written points of the case," and he filed a reply which he managed to get it stamped by the reader. I again filed a rebuttal to the opposite councel's reply. Which was again not stamped but placed on record. Can I also file a fresh rebuttal along with my fresh objections along with an affidavit?
I have submitted an application of amendment in my succession petition. The opposite councel has submitted a very negative reply. Would the judge allow my application?
How can I get my court decree validated from court? The judgement and the decree was granted to me in the year 2022. I now have to get my ownership registered from the Tehsil office, but they have advised me to get my decree and judgement validated from the court. What should I do for validation?
My mother was the youngest of the 3 sisters. She died on 21/01/2020. The sister elder to my mother was an issuless widow who died intestate on 04/05/2020. Upon the death of this middle sister, I filed a declaration case in which I made the eldest sister a defendant, so that we both can be declared class 2 legal heirs. We were declared so by the court. While I was in the process of filing the succession case, the eldest sister cum my defendant in my SUCCESSION case, died. Thus i made her children a party to my succession case. I being the surviving class 2 legal heir cum petitioner in my SUCCESSION case made the children of my deceased defendant a party to my succession case. My deceased defendant and myself have previously already been declared class 2 legal heirs by the court. The children of my deceased defendant have recently filed an application which has the following words : "THAT THE MIDDLE SISTER HAD 2 SISTERS, THE ELDEST ONE AND THE YOUNGEST ONE {Being my mother/ mother of the petitioner.} THE YOUNGEST SISTER DIED ON 21/01/2020 AND HER DEATH WAS PRIOR TO THE DEATH OF THE MIDDLE SISTER AND THAT THE PETITIONER {myself} DOES NOT FALL UNDER THE CATEGORY OF CLASS 2 LEGAL HEIR OF THE MIDDLE SISTER AND HAS GOT NO LOCUS STANDII TO FILE THE SUCCESSION CASE. THE ELDEST SISTER DIED ON 11/01/2023 AND AT THE TIME OF DEATH OF THE MIDDLE SISTER, THE ELDEST SISTER WAS THE ONLY LIVING SUCCESSOR OF THE MIDDLE SISTER. IT IS PRAYED THAT THE SUCCESSION CASE FILED BY THE PETITIONER MAY BE DISMISSED." My SUCCESSION case is now on consideration/arguments stage. The 3 children of my deceased defendant have never filed any document in the succession court up to now which shows that they are the legal heirs of my deceased defendant. What answer should I write in reply to this application filed by the 3 children of my deceased defendant who was also the eldest sister?
I am declared class 2 legal heir along with my defendant in the declaration case that I filed. We both became owners of the immovable property that the court gave us mutually. My defendant died. Four years have passed since the death of my defendant. I could not manage to register the ownership of the house in our names. Now when I went to the Tehsildar's office to get our joint registry, they asked me to get my decree and judgement for being declared a class 2 legal heirs validated as it was passed in the year 2022 and now we are in the year 2025. The children of my deceased defendant have not filed any proof of being the legal heirs of my deceased defendant in the court so far. Do I have to file an execution case? And if so, do I have to make the children of my deceased defendant a party to my execution case? The Tehsildar is telling me that I simply tell my advocate to file an application in the court and tell the judge to validate my class 2 legal heir decree. Can the children of my deceased defendant still file an application as an outsider in my execution case just in case I file it?
In my SUCCESSION case, My respondents are not proved legal heirs of their deceased mother who was my deceased defendant. They have given a GPA and a SPA to their daughter cum niece. Mother gave the SPA. MOTHER'S SISTER gave GPA to the same daughter alias her niece. Do both of them have the authority to execute the GPA and the SPA? MY deceased defendant never gave any authority or GPA to the 2 respondents of mine in succession case. Now, the GPA, SPA has further given a joint statement with the opposite councel, that it is my DAVA as a Petitioner that they should be given half the share in the succession case. This is a false statement on part of the GPA, SPA and the opposite councel. Is this GPA, SPA maintainable?
What is the difference between admissibility, validity and legality and authenticity of a GPA in law?
When both my respondents have executed a GPA and SPA and have made the same person their attorney to represent them in my succession case, is it necessary that the photograph as well as the signature of the designated Attorney should be there in both the GPA as well as the SPA? What other legality should be used to scrutinize the designated Attorney?
When both my respondents have executed a GPA and SPA and have made the same person their attorney to represent them in my succession case, is it necessary that the photograph as well as the signature of the designated Attorney should be there in both the GPA as well as the SPA?
I am the petitioner in my SUCCESSION case. I have completed bringing my evidence in my succession case. I now wish to give an application for liquidating the bank locker contents by requesting the judge to grant me a local commissioner, so that the jewellery can all be converted in to cash upon sale in the presence of the local commissioner. This will be easy for both my respondents and myself, when we share it in to 2 halves. We are yet to do the final arguments. Would the court reject my application for liquidating the contents of the locker? Would the court agree with the respondents in case they give a negative reply to my application? OR.....would the locker liquidation stage come after I get my succession certificate...????
Your Question: Myself and my aunt were declared class 2 legal heirs by the court. My aunt died. I being a class 2 legal heir, filed a succession case of movable assets. I made the children of my deceased defendant a party to my succession case. In my prayer I only asked for my half share in the movable assets. The children of my deceased defendant have not filed any proof of being the legal heirs of my deceased defendant. I also got the bank locker inventory done by requesting for a Local Commissioner in the court and the Local Commissioner has submitted his report in the court along with a jeweller's report who evaluated the monetary value of the contents of the locker. Now, a decree will be passed in favour of my half share in the movable assets. The judge will pass an order via which I will be able to approach the banks to avail my 1/2 share in the movable assets. But, what about the gold items in the locker..? How will the items in the locker be divided into two halves. Because I will avail my half share in the locker contents and the other half will remain there for the children of my deceased defendant to avail once they attain the legal heirs certificate later on. Is there a process before the judgement is passed that I can approach the court to notify the court that the items in the locker need to be liquidated? What is the procedure of the liquidation of the contents of the locker in the bank? Do the contents of the locker have to be sold with help of court commissioner? How do I approach the judge on this matter? Because in the total amount in the succession case, I have also included the monetary assessment of the locker contents. How will the court liquidate the locker contents?
Myself and my aunt were declared class 2 legal heirs by the court. My aunt died. I being a class 2 legal heir, filed a succession case of movable assets. I made the children of my deceased defendant a party to my succession case. In my prayer I only asked for my half share in the movable assets. The children of my deceased defendant have not filed any proof of being the legal heirs of my deceased defendant. I also got the bank locker inventory done by requesting for a Local Commissioner in the court and the Local Commissioner has submitted his report in the court along with a jeweller's report who evaluated the monetary value of the contents of the locker. Now, a decree will be passed in favour of my half share in the movable assets. The judge will pass an order via which I will be able to approach the banks to avail my 1/2 share in the movable assets. But, what about the gold items in the locker..? How will the items in the locker be divided into two halves. Because I will avail my half share in the locker contents and the other half will remain there for the children of my deceased defendant to avail once they attain the legal heirs certificate later on. Is there a process before the judgement is passed that I can approach the court to notify the court that the items in the locker need to be liquidated? What is the procedure of the liquidation of the contents of the locker in the bank? Do the contents of the locker have to be sold with help of court commissioner? How do I approach the judge on this matter? Because in the total amount in the succession case, I have also included the monetary assessment of the locker contents. How will the court liquidate the locker contents?
The plaintiff is not bringing any evidence since the last one year and has exceeded the 3 opportunities and has recently submitted an affidavit, but without a separate statement. Can my advocate being the defendant's advocate cross examine her?
My respondents in my SUCCESSION case have filed a declaration case against me in which they say that my class 2 legal heir decree and judgement and consent decree are null void , fraud and illegal. For the past one and a half year, the respondents, now the petitioners in the null void case have not come or brought in any evidence in this case. I am the defendant and I filed a peace meal application so that all my 3 petitioners can be cross examined on the same day as they are brothers and sisters. The councel for the petitioners has given a very negative reply. Is it okay if I file a reply to the reply by the opposite councel? Though my councel argued partly on this peace meal application because the case was on arguments for peace meal application.
There are 3 respondents in my SUCCESSION case. Two of my respondents in my SUCCESSION case have given a GPA and SPA to their daughter/niece to represent them in my SUCCESSION case as an attorney. Is it true that the attorney ought to have submitted an affidavit so that she can be questioned by my advocate? The attorney has jointly given a statement along with the opposite councel who is representing respondent number 3 without an affidavit or oath. She has falsely stated that it is my DAVA that they should be given half the share in the movable assets in my SUCCESSION case. Where as I have only asked for a relief of my half share in the movable assets in my SUCCESSION case. So, now to question her, does she should have submitted an affidavit along with the joint statement?
In my SUCCESSION case out of my 3 respondents, 2 of them have given authority that is GPA and SPA to an attorney. My SUCCESSION case is now on the final arguments stage. After I brought in all the banks in my evidence stage and closed my evidence, the Attorney along with the opposite councel has submitted a false statement without an oath or affidavit that it is my DAVA that the 3 respondents also be given half the share in the succession case, whereas I have only asked for a relief of my half share in my prayer. Is it necessary for the attorney to file an affidavit along with her joint statement with the opposite councel? My advocate is falsifying me in to believing that we can not question the attorney because she has not submitted any affidavit along with her joint statement with the opposite councel.
In my SUCCESSION case out of my 3 respondents, 2 of them have given authority that is GPA and SPA to an attorney. My SUCCESSION case is now on the final arguments stage. The GPA is just notarized and not registered. The GPA is out of the case jurisdiction. The GPA has false, fabricated contents. The executor of the GPA is not the principal. The principal whose descendant, the executor of the GPA is, is deceased. The principal never gave any authority to the executor to further execute any GPA and so on. Is it necessary for my advocate to question the attorney designated some questions regarding the GPA? Under which order and rule does it say that I as an advocate can request the court to grant me permission to question the attorney, that is under which ORDER and RULE? Is it appropriate to question the attorney at the arguments stage so as to show the admissibility and the authenticity of the GPA?
A person is appointed as GPA and SPA by my respondents in my SUCCESSION case. This GPA and SPA is the attorney designated to represent the respondents. My advocate wishes to cross examine her. My advocate is saying the attorney's chief/statement is not submitted in court, so he can not cross examine the attorney. It is necessary to cross examine the attorney because the GPA is simply notarized and not registered. The GPA is out of jurisdiction and the GPA contains false, fabricated contents. Is it legally correct and possible to cross examine the attorney?
**Submission of Chief or Statement**: The requirement for the attorney to submit a chief or statement along with the GPA may depend on the specific rules and procedures of the court handling the case. Your advocate should review the relevant court rules and orders to determine if such a requirement exists and how it impacts the ability to cross-examine the attorney. Can the attorney designated as GPA and SPA be cross examined by my advocate?
In my SUCCESSION case, there are 3 respondents. Two of my respondents have given a GPA and SPA to their daughter/niece and made her the attorney. The GPA is with an oath but it is merely notarized. The GPA is not within jurisdiction. The GPA has false fabricated information for which I have legal proofs in the form of certified documentary court copies. Is it legally allowed and correct if my advocate questions the attorney by seeking permission from the judge? My advocate is saying because the do called attorney has not submitted any chief or statement along with the GPA, he can not cross question her. Is that true?
The children of my deceased defendant who are not even proved as legal heirs of their mother in court records have filed a declaration case against me and my defendant saying that our decrees and Judgements are null, void, fraud and illegal. For the past one and a half year, the children of my deceased defendant who are now the petitioners in the declaration case, have not brought any evidence in this case. The judge is reluctant and has given them up to 12 chances to come to court to present their evidence But they have never come. when my advocate requested the judge that more than 3 chances have been given to the petitioners to bring their evidence, so when will these chances end? The judge reluctantly told my advocate that it is up to the court's descreation to allow chances. The judge was rude. What should be done to get the evidence of the petitioners closed?
During arguments in succession case, error is seen in succession case petition during the final arguments, can we inform the judge of the error and request for a correction verbally as my advocate reads out the petition or do we necessarily have to give an application of amendment..
error seen in succession case petition during the final arguments, should we inform the judge of the error and request for a correction?
I filed a succession case. My case is now at final arguments stage. I was reading through my succession petition and I found a typographical error. I noticed that the opposite councel took advantage of this typographical error in the initial arguments. What can be done now at the arguments stage inorder to notify the judge of this error?
"Your Question: The children of my deceased defendant in my succession case filed a suit for declaration in which they are saying that my as well as their mother's class 2 legal heir decree and judgement as well as mine and their mother's partition suit consent decree are null, void, fraud and illegal. For the past one and a half year they are not bringing evidence in their case, so I had to file a peace meal application, in order to call all the 3 children of my deceased defendant on the same day for cross examination. The children of my deceased defendant are now the petitioners in this declaration case. At first their counsel took further dates and then he gave a reply to my peace meal application. It is important to note here that the children of my deceased defendant who are now the petitioners in the current declaration case have never filed any proof in the court records that they are the legal heirs of my deceased defendant. Now they have given a reply to my peace meal application. The case is now on arguments for the peace meal application. Is it okay if I give written arguments in reply to the Reply filed by the opposite counsel? My advocate is saying that he will do the arguments verbally. What should I do? Should I file written arguments to the reply filed by opposite counsel in lieu of the peace meal application? Should I also stated that the children have not filed any proof of being the legal heirs of my deceased defendant, and that on what legal status are they filing the declaration suit of declaring my decrees and Judgements as null void?
The children of my deceased defendant in my succession case filed a suit for declaration in which they are saying that my as well as their mother's class 2 legal heir decree and judgement as well as mine and their mother's partition suit consent decree are null, void, fraud and illegal. For the past one and a half year they are not bringing evidence in their case, so I had to file a peace meal application, in order to call all the 3 children of my deceased defendant on the same day for cross examination. The children of my deceased defendant are now the petitioners in this declaration case. At first their counsel took further dates and then he gave a reply to my peace meal application. It is important to note here that the children of my deceased defendant who are now the petitioners in the current declaration case have never filed any proof in the court records that they are the legal heirs of my deceased defendant. Now they have given a reply to my peace meal application. The case is now on arguments for the peacemeal application. Is it okay if I give written arguments in reply to the Reply filed by the opposite counsel? My advocate is saying that he will do the arguments verbally. What should I do? Should I file written arguments to the reply filed by opposite counsel in lieu of the peace meal application?
The children of my deceased defendant in my succession case filed a suit for declaration in which they are saying that my as well as their mother's class 2 legal heir decree and judgement as well as mine and their mother's partition suit consent decree are null, void, fraud and illegal. For the past one and a half year they are not bringing evidence in their case, so I had to file a peace meal application, in order to call all the 3 children of my deceased defendant on the same day for cross examination. The children of my deceased defendant are now the petitioners in this declaration case. At first their counsel took further dates and then he gave a reply to my peace meal application. It is important to note here that the children of my deceased defendant who are now the petitioners in the current declaration case have never filed any proof in the court records that they are the legal heirs of my deceased defendant. Now they have given a reply to my peace meal application. The case is now on arguments for the peacemeal application. Is it okay if I give written arguments in reply to the Reply filed by the opposite counsel? My advocate is saying that he will do the arguments verbally. What should I do? Should I file written arguments?
Your Question: My court submission was not stamped by the reader and my advocate tells me that it will now be read by the judge as a document to assist the court in her reading for the judgement. I went to take a certified copy of my submission but the copy section of the court told me that they can not issue me a certified copy unless the document is stamped by the reader in court. I need the certified copy to submit it in another case in my evidence. What should my advocate do to get my submitted document stamped? Will the court reader stamp a document that has been submitted earlier on at a previous date? In India, the stamping of documents is important as it serves as proof of the document's authenticity and validity. When a document is submitted to the court, it should ideally be stamped by the court reader to indicate that the document has been officially received by the court. If your court submission was not stamped by the court reader when it was initially submitted, it may create issues, especially if you need a certified copy for use in another case as evidence. In such a situation, your advocate should take immediate steps to rectify the mistake. Your advocate should first bring this issue to the attention of the court and request that the document be stamped by the court reader. Generally, the court reader may agree to stamp the document to rectify the oversight, especially if it is brought to their attention promptly. If the court reader is unwilling to stamp the document due to the delay or for any other reason, your advocate may need to file a formal application seeking permission from the court to rectify the omission and get the document stamped. The court will then decide on the appropriate course of action. It is important to address this issue promptly, as delay may impact the admissibility and validity of the document in the court proceedings. Your advocate should handle this matter efficiently to ensure that the document is properly stamped and certified for use in other legal proceedings. Will the judge refuse for the stamping of the documents by the reader?
Frequently Asked Questions about Legal Help in Zirakpur
How to find a lawyer in Zirakpur?
You can find a qualified lawyer in Zirakpur by searching the Bar Council directory, visiting the district court, or using online legal platforms like LawPucho. Many advocates in Zirakpur specialize in family law, property disputes, criminal cases, and civil litigation.
Where is the district court in Zirakpur?
The district court in Zirakpur handles civil and criminal cases. You can visit the court premises during working hours (10 AM to 5 PM) on weekdays. The court addresses various legal matters including property disputes, family law, and criminal proceedings.
How to file an FIR in Zirakpur?
To file an FIR in Zirakpur, visit the nearest police station and provide a written complaint about the incident. The police are legally required to register your FIR under Section 154 of the CrPC. If they refuse, you can approach the Superintendent of Police or file a complaint with the magistrate.
What are the common legal issues people face in Zirakpur?
Common legal issues in Zirakpur include property disputes, family law matters like divorce and maintenance, consumer complaints, labour disputes, tenancy issues, and criminal cases. LawPucho has answered 74 legal questions from people in Zirakpur.
Can I get free legal aid in Zirakpur?
Yes, free legal aid is available in Zirakpur through the District Legal Services Authority (DLSA). Eligible persons include women, children, SC/ST, disabled, and those earning below the prescribed income limit. You can also get free legal information through LawPucho's AI-powered Q&A platform.