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 .

Legal query on filing of a restitution of conjugal rights petition..

Q 1. I filed RCR (restitution of conjugal rights) before 9 months and before I get ex-party they just appear. Next month is another date, at which they are going to give their reply. But during these RCR period also few things happened, which is bit intolerable to me.

So before they reply to their court can I withdraw the case and file a fresh divorce case, so shall I explain during the hearing date and I will simply tell to magistrate that "although I filed RCR but as in between these things happened, so right now I am not going to take her any more"...In such case "if she will play a dual game for just to show interest and after that court will make bound to me to take her and once she will come and do the same cruelty and run away and then file all cases then I will be nowhere".. As right now she is separated for more than 1 year, so now I guess if she will file cases then I can say that "If I did any cruelty then why she did not filed any cases so far, and in order to avoid her mistakes, she is filing these cases".
Can anybody suggest me that, withdraw of RCR take how long? Or same RCR can I add something and request to court for make it to divorce case? Or divorce should be separate case?

Can she able to transfer the case to her jurisdiction? (As I filed in family court, and at their home town there is no family court (only lower court is there). In such case she may have to transfer either to his season court or to her lower court? Regards KVN.

Ans. In my opinion, it is not advisable to withdraw RCR case. Filing of RCR itself is a bar for your wife to file any criminal complaint against you. Please wait and see what actions she is taking. At this stage, it is possible that, she can come with a stay order by filing a transfer case. Or she can file her objections too. Even if she does file her objections, you will come to know what her stand is. She has moved away from you since 1 year, she must have got some reasons for this. Now if you find she has no intention to file any transfer case, please go for mediation. Here you can agree for divorce without further delay, file a separate petition and get divorced, you cannot make any changes in RCR to convert it into a divorce case. If you withdraw your RCR case, you are starting from scratch. Even if she says, she is ready to join you; you will be able to understand her during the course of the case. You can take a call at that stage. Withdrawing any case is a matter of minutes. Just appear before the Court on the date given and file a memo stating so and the Court will happily close the case saying case not pressed.

Also continuing the present case has an added advantage, that, you can anytime decide to file a divorce case during the pendency of the RCR and hand over the summons or notice to her by informing the court in the RCR case, if mediation fails and you doubt the RCR will be decreed in your favour, then get it withdrawn.

Q 2 My wife has been putting up at her parents’ house for a little over past six months with my kid. All my and my family's efforts of bringing her back are in vain. My parents, family members, mediators of our marriage tried to contact my in-laws but they don’t respond at all my efforts of calling her and seeking to meet her at her parents’ house are being neglected / avoided / rejected. She hasn’t called anyone in my family (including me) since the time she left home, has picked up calls only once or twice from my/our side outta over 50 attempts. 

Questions:

1. How can Section 9 help me bring her back home? -RS

Ans. Well, filing a RCR is a blessing in disguise, but cannot guarantee that your wife will come back and join you. However, filing a G & W C along with RCR will keep the pressure on your wife to consider coming back. Further with RCR, she cannot file any criminal complaints against you or your family, like 498 A, D V act etc. I suggest, attempts to reconcile made prior to filing a case are always fruitful either personally or through a counsellor and use of legal remedy should be the last resort.  

  

Legal query on how to proceed when a divorce case is filed by wife....

Q 1. Please guide me what precaution should be taken in my case. They file a case in U/S 13 [1] [i-a] sec. 24 & sec. 25. And demand 40 thousand as interim maintenance. & 20 lakhs as compensation after nearer to two years separation. Reason given I have no responsibility in my family. Fact is I & my brother has to carry burden of my grandfather, my father & mom and my youngest bro. whereas she is form elite family but because of death of her father they make a scene like professional that they r hand to mouth. She is BA with ECCE and was worked with tree house before that what they told. For us to fulfill their demand is next to impossible. My first hearing will be on 19th Nov. they also intentionally mentioned my wrong address in petition but post people deliver regd. letter recently - after 15 days with necessary changes in pin code, name of suburb. Chances are if they [post people form diff. post office - I have track record with help of registration no.] don't take trouble, I may not receive it. How to prepare our petition. Time is very short. They also blame for mental cruelty. I came to know from other sources that they file police complaint in their area. Form letter experience now I believe there are chances they also filed complaint with wrong address. So in that case do police take action if I present in court of their jurisdiction? What shall I do? Please. help & guide. My case is in thane court. They belong to a very elite family having political, judiciary and contacts in police circle. Reason is me and my family deny obeying them like dog. CNN.

Ans. Well, when such a divorce petition is filed by any of the parties in your case your wife; you must first appear in Court through a local lawyer, who will represent you before the Court. Please try to see that, this lawyer has sufficient knowledge of family law cases. Now while replying to the petition, you must first write para wise your contention and how the matter has reached to this stage. Then you must reply to her petition sentence wise and para wise, you have a right to deny and say all that is stated is false. You can also reject all her claims; you can also submit your financial responsibilities  and state how financially she is sound, add proofs of her finances if available like salary slips, bank balance, property if any. In case she has left you on her own without your consent, you can say so and this is also a ground where you can deny any maintenance to her. The Court will not grant whatever she has claimed, so do not worry, but the burden to prove that she is not eligible to all this claim is yours. So do submit everything in detail.

Q 2. Notice [petition]  is back dated on petition. And no marking of any type of court marking. With covering letter of her advocate had a date on covering letter is recent. My address is mentioned wrong so I get the post after 10-15 days. Thankful to different area of postal authority. From this my observation, like to know is it FOUL PLAY played? This is FIRST HEARING or FINAL HEARING. CNN.

Ans. This is no issue, as long as you have got the notice. You can mention you correct address in your reply to the petition. You can take this plea of foul play in your petition; if you are sure your wife knows and has lived with you on the address where you reside. It is possible that, she has done deliberately so that, 1) she gets time to reconcile with you or to decide if filing the petition is the last go; 2) Maybe she wanted a divorce ex-parte (uncontested), so that, it will be faster since you will not object to whatever she has said in the petition. Your case has just begin and will take anywhere between 1-3 years, if you decide to contest it, however, if you compromise, the case can be settled in a short time.