Legal Query on documents to be provided after signing of sale agreement, stake of sisters in property after signing the property document, tenant not vacating the premises...

Q 1. Buyer is BM in bank of Maharashtra, after doing MOU and token amount his attitude changed .He now asking for useless documents and blaming on me, e.g. .flat is resale, so I have blue print zerox, he is asking for corporation stamp.  Can he make fake letterhead from bank asking for docs?-JJ

Ans. Asking for registered sale deed / document with the corporation seal is not unnecessary demand, in fact when a sale of any property is done; it is the duty of the seller to provide all the relevant documents on demand by the buyer. If you are the owner of the flat, you must have the original sale deed of the flat and not a blue print Xerox copy.

Q 2. My grandmother had given her property to my father in a registered deed. She has 5 other daughters as well. All of them were convinced with her decision and agreed to that orally as he is only son and the youngest one. Recently my father distributed the same property to myself and my brother and the same also is registered deed. My father passed away recently. There was one old house in the same property which I and my brother want to demolish and want to create another house. Down the line, 2 of my father's sisters developed some disputes with us, started telling that they can get a stay and they have the right on the same property.

I would like to know whether any one of my father's sisters can get a stay if we are demolishing the old house existing in the property.

Also there were no 'No objection' signatures of them in the registered deed of my grandmother. Is it required to have the same? Since it is not there, whether anyone of my father’s sisters has rights in our property or whether they can claim it?-LK

Ans. Your grandmother settled her self-acquired property in your father's favour and for that she obtained her daughter's NOC also.  Legally, your father has full rights over the property and upon his departure from this world; the property automatically devolves upon all his legal heirs which includes your mother also except his self-acquired property which he disposed of during his life time.  Your paternal aunts cannot stake claim over the properties now and their claim can be repudiated legally. 

Q3. I rented out my property for a person about 6 months ago and the agreement was for 24 months period .I have not received rent for past 3 months .this person is connected with the opposition party of the state .he is not answering my phone calls and if we ask to vacate, his wife is asking where will we go now .to vacate these people from my house immediately what actions I have to take .I am afraid that the legal process may take a very long time and money .please help me to vacate them legally without any problem .I live in USA and my widowed mom as to deal with this.-KM

Ans. Whether you like it or not, the best solution is legal action only. If your agreement conditions satisfy, you may straight away issue a legal notice and file an eviction petition before the concerned court for default in rental payment, let him answer before the court.

Legal Query on ex-parte divorce, maintenance filed after uncontested RCR, Transfer of petition, court files missing

Q 1. Please tell me what is the procedure to get Ex-parte divorce Decree? Thanks for quick responses. Marriage happened on 22-12-2012.

Ans. Ex-parte divorce decree is not something you can apply for and get it as a matter or right. Your post is quite short and does not explain the issue you have. However, since your marriage will complete just a year on 22nd Dec'13; you are eligible to file a divorce petition only on completion of 1 year. You can file a petition only on the grounds available in law. After filing the petition, the Court will serve a notice to your wife and if even after the receipt of the notice, she chooses not to attend the Court proceedings, the Court can pass a decree of divorce placing your wife ex-parte meaning she knows a petition is filed and still she has refused to attend the Court not otherwise.

Q 2. My wife deserted me for the last 2 years along with my 2 children (7 & 12 yrs.) avoid the knowledge of all concern. Despite several attempts she bluntly denies to part with me. I filed a RCR in June, 2013. The case was heard as Ex-Party as they did not accept the court summon. Now they filed a maintenance suit u/s 125 CrPC. What should I do next to avoid maintenance?-YS

Ans. As per the provisions of sec 125, your wife is not entitled to maintenance if she refuses the company of husband without any reasons. You may use the RCR decree in the 125 proceedings along with some precedents and inform the Court about her intentions.

Q3. Yesterday my divorce case got transferred by SC to Free Maintenance petition is pending. Has anyone gone through this process before and what were the procedures: Did the court start the case from where it was left off?

I had filed the divorce case in a state that does not have HMA. When the case is transferred to Family Court will the case be considered under HMA Sec 13 or I will have to file a fresh suit or will an application suffice to treat the same matter under HMA?

Ans. Family Courts Act gives jurisdiction to Family Courts established under that act to deal with and adjudicate all the civil or criminal matters concerning a husband and wife that may be filed after establishment of the court or may be pending at the time of establishment of family court in a particular geographical locality. The cases under Hindu Marriage Act (divorce petition under Section 13) would thus be dealt with and adjudicated by Family court. The family courts proceeds from the stage at which the proceeding is running and the case need not be started from scratch. However, case number may be changed.

Q 4. I had filed RCR in my native and my husband filed divorce in his place. He never received any court notices from my side. Now that from high court I got it transferred to my native. Unfortunately, in court they say that the files are missing. I attended the court, but the divorce file was missing. He is not attending court from many days. Now shocking fact is that my RCR file is also seems to be missing. I am not able to get next hearing date for both the cases. I am in helpless situation. Please help me how to go about with this.

Ans. If the files are missing, please report to the Registrar in writing and take an acknowledgement for this. It is the Courts duty to keep the files safe which is in their custody, so do not panic. Follow it with the Registrar religiously; he has the power to take action against them.

Legal Query on continuing affair pre and post marriage AND is it necessary to wait after mutual consent divorce to remarry..

Q 1.My girlfriend got married 2 month ago, as she is Muslim I am Hindu, we failed to convince parents. 2 months back she was married according to the match from parent’s side. Parents didn't ask her opinion about the match and married blindly. She is also facing problems from the boy parents. Marriage is not yet registered.  But now she is not able to adjust with them and facing lot of stress. Her situation is very nasty, not able to forget me and not able to adjust with them.

 I went through some topics of this forum. If she want to marry me which is the best way to follow.

1) For divorce he will reject for sure, if she marries me without taking divorce then they can file case on her or on me or on both? We planning to marry & move abroad. Whether it will create any unwanted problems?

2) If she want to apply for divorce which one is better way to precede I mean which kind of petition is better as 1 year is also not completed?
 Whether she should separate from him for any number of months to before applying for divorce?

3) If she is staying separate then he can able to proceed legally to get her back into his home? Or without her acceptance to come his home he can't do anything? She may stay singly as there is no support from parent’s side.

3) Registration of marriage is advantage or disadvantage if she wants to proceed for divorce.

Please advice. Regards, KC

Ans. The answers to your questions are as below:

1.      Second marriage without divorce is bigamy. It attracts criminal as well as civil action against the wrong doer.

2.      She has the liberty to file a petition for nullity of her marriage as it was without her consent and by force. This type of petition must be filed within one year of the marriage; if she does not then she cannot file a divorce petition as she does not have any grounds to do so, except for mutual consent. Also be aware that, the proceedings for nullity of marriage can be long drawn and may take few years.

3.      Yes, if she desires, she can stay away, but he cannot force her to live with him.

4.      Once a marriage, always a marriage with registration or without registration.

Q2. Could you please confirm what is normally the time required between mutual consent divorce (MCD) grant and second marriage? Is it necessary to wait for 30 days after the grant of divorce (second motion and the 6 month period)?  

2. In case of applying for visa after marriage, is it necessary to marry in an arya samaj mandir etc. to get immediate registration certificate? I understand that there is a one month wait under the special marriage act. Is there any adv/disadvantage to marry under Hindu marriage act or Special marriage act?

 Please help-SR.

Ans. Once the divorce order is passed, no waiting period is required.  You can remarry at arya samaj or any other endowments dept. Group A temples like Yadagirigutta, Srisailam, and Vemulawada etc. The concerned temple officer’s also issuing marriage certificates which are authenticated for passports also

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Legal Query on single owner selling to joint owners and father funded the house but purchased in the name of grandfather

Q 1.  I am interested in selling a piece of land registered in my name.

My questions are:

1. Is there any legal issues in selling from single owner to Joint Owners? (3 brothers)

2. How should the payment be received, individually or a Single payment from one of them. Is there any legal problem later with this?

3. Since I do not prefer cash payment,   I am insisting on a Single Cheque payment and like to register the sale deed only in the name of the person who gives the cheque. IS this OK

4. Is DD payment safer than cheque, but I may not know the source or share from the brothers, or who paid the amount for the DD, and I don’t want to face any trouble later. Thanks, Vk.

Ans. The answers to your questions are as below:

1.      There is no legal issue in selling a piece of land from a single owner to joint owners.

2.     Receiving single payment is also not a problem and even receiving separate payments is also not a problem.

3.     You can demand cheque payment, but registering only in the name of the person who is drawing the cheque/DD is not necessary, as if the buyer has no issues adding the other 2 names, then even you should not have it. All three might have pooled in the money or there must be reason they want all the 3 names as buyers, so it does not matter and even you should not dispute this. It is the lookout of the buyers to demarcate their individual rights and shares in the sale deed. To be made.

4.   Receiving DD is more advisable. You need not know the source of the funds, but as mentioned above, you can or the buyers can mention their shares in proportion i.e. in percentage, which will help them in future in case they sell or divide the property.

Q 2. I would like to have your expert advice on a real case study of a residential house dispute among siblings (i.e. my father and his 4 nos. sisters and grandmother).

It is around 20 years back; my father has filled the allotment application with my Grandfather’s name. Subsequently after flat allocation, due to financial constraint with my grandfather, my father has deposited the entire amount to take the possession of flat. 

We are staying in the house since then, and still the house registry is pending due to one of the reason of case been filled by Father's sisters asking for the equal proportion in the house including my grandmother. 

My father also has sold out a land to submit the money for possession 20 years back.

Now, the situations are like that it shall be resolved in the court itself. Despite of knowing the financial constraints of my grandfather, the payment of the house has been made by my father. 

Now, since my grandfather didn't had any role except the allotment has happened in his name. How do you see this case? Can the court will see all these details or it will be divided in among all six (my father / grandmother and 4 nos. sisters)

All my father's sisters are married and well placed long time back. Best regards, AB.

Ans. Well, if you think, your father can prove that, the funds have been paid by him, and then there is a possibility that the Court can decide the case in your favour.  However, in absence of this, since the property bears your grandfathers name, the court may order equal share for all legal heirs, it is better to go for mediation and settle the issue, instead of allowing the case to go on for years.

Query on conversion of restitution of conjugal rights petition in to Mutual Consent divorce petition...

Q 1.My friend want to marry his cousin under Hindu marriage act. But both are cousins. Is their any way to get married under Hindu marriage or special Act ? Is there any way to cover marriage in Legal Way?

Ans. To clarify your query:

In some communities, sister's son and brother's daughter though cousins can marry as the gotra, is different. Cousins with same gotra cannot marry. Any such marriage under the Hindu law and religion is void and cannot be registered under the Hindu Marriage Act or the Special Marriage Act..

There is a scientific reason for this. Progeny of very close relation like cousins from aunts or uncles (maternal as well as paternal) cannot be healthy; they can be born with congenital defects, which can bring life long sorrow.

Hence marriage between sapindas is void marriage and there is no legal way to marry.

Q 2. I got married in Davangere, 3 years ago to a leading doctor with disability. After suffering abuse, verbal, physical and s*xual, i returned to my parents within 4 months of marriage.  Filed for Maintenance, and received 10 thousand as compensation.  Meanwhile he filed for RCR and another case in the in the high court saying that he earns only 15 thousand per month. He produces CA certificate stating he is earning 15 thousand. The high court ordered him to pay me 7 thousand every month to me. He did not persue the RCR case. I filed a DV in the Davangere Court.  After 3 years of marriage, I want a divorce. I am fed up of marriage and want to lead a single life. How can I get a onetime settlement? How can I prove that he is earning at least 1 lakhs a month. I know a lot of what he earns is in black money or in cash because I have seen bundles of notes in his house. Though he owns property he lives in a rented house. Should I file the case in where his residence is? so that I will get an early divorce.

Ans. You have not mentioned about your qualification or if you are doing a job. To get the amount you are looking forward will depend on this background. Secondly, if you are able to produce his income certificate or the proof that he owns the house, then you have bright chances to get a handsome compensation. You can ask your lawyer to speak with opposite side lawyer to work on the compensation and divorce. If not you can go ahead and file a single petition putting all the allegations and then negotiate and compromise for some amount and settle the matter. 

Q 3. Wife has filed petition for RCR. Now wants compromise.  Can RCR petition be converted to mutual consent divorce (MCD).  Please advice . Is there any problem in doing so –UN

Ans. RCR cannot be converted into mcd petition because both are for different purposes , one for restitution of conjugal rights means wants to take back his or her deserted spouse, on the other hand mcd is a procedure to take divorce by filing divorce petition jointly by means of their terms and condition (MOU) . So now you can arrive at the agreement through MOU, withdraw the RCR case and file a  MCD .