Q: In February, 2010, my husband filed a divorce suit after a year of marriage. He is in a relationship with a colleague. I got the notice while staying at my in-laws’ house. In March, 2010, I came back to my parents’ house. I love my husband and don’t want a divorce. Is it possible for him to get the separation without my consent?

Anindita Das, via email

A: No, your husband cannot get a divorce without your consent. He can, however, file for it without your consent, levelling allegations against you. You can always contest the divorce suit filed by him. He will be granted a divorce only if he succeeds in proving the allegations made against you.

Q:We are three brothers and we also have a sister who is married. Our widowed mother had gifted a plot of land with a house to her sons. Our mother passed away in 2001. Now our sister is claiming a share in the property. Can she do this?

Priyanko Chaudhuri, via email

A: Your sister cannot lay a claim over the gifted property. Your mother’s title to the property had passed to you and your brothers by way of gift and you are now its present owners.

Q:We had purchased and registered 50 per cent of an undivided property in 1992. The remaining 50 per cent was purchased and registered under specific performance of contract in 2008 with a decree from the city civil court. Now another party is claiming to have purchased the same property from the heirs of the owners in 2009. They also seem to have had the property mutated from the Kolkata Municipal Corporation (KMC). The original owners from whom we purchased the property are dead. Our mutation application is pending with the KMC. What can we do now?

Niranjan Sen, Calcutta

A: From the facts provided, you seem to have a better title to the property than the other party, who should have conducted a search before buying. However, if you are not in possession of the property, then you could file a suit for the declaration and recovery of possession before a civil court with the proper jurisdiction. But if you are in possession, you should immediately apprise the KMC of the true facts and apply for the cancellation of the mutation of the other party. You should also lodge a complaint against the heirs of the previous owners for indulging in such fraudulent transfers.

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