Advocate Mauleen Marfatia

Questions Answered by Advocate Mauleen Marfatia

Q: What to do i am unable to pay the maintenance

I am jobless before the judgement came to pay maintenance to wife Rs. 11000/- P.M. So I was unable to pay it. Till date I have not received any job of that kind. But received temporary job of 3-4 months which pay me around Rs. 6000/- per month. Wife has file petition of not receiving maintenance. I was not present to court hearing. Court has issued NBW against me. I change my residence. Many warrant came to my parents and they returned. Now family court has made order of punishment of around 4 years. WHAT COULD I DO ?

Advocate Mauleen Marfatia answered
If you are not able to pay maintenance as per the order of the court, than you should file an application before the court seeking time to pay maintainance.If you are unable to pay because the amount is more than your income then you can appeal the order passed by the court.

Q: Procedure for Replacement of property in mortgage deed

We have a business loan from SBI. This is secured by a mortgage deed over 3 properties. We have decided to sell one of these properties. The bank is now insisting on adding one property in lieu of the property we are proposing to sell and hence releasing from mortgage deed. Hence I need to replace one property in the mortgage deed i.e. add one property and remove the one. Please advise on the stamp duty implication on this transaction. Kindly note that our company, SBI and all properties are based in Gujarat. The value of the property is around Rs. 1.5 cr and the value of the loan is Rs. 12 cr.

Advocate Mauleen Marfatia answered
Dear Sir,You shall first have to enter into a release deedthe Bank shall issue an NOC to you for the property that you wish to sell. Thereafter, the new mortgage shall attract a separate stamp duty and charge shall be created by the bank over it.If you are under the impression that you will get benefits because you will replace one property in the mortgage deed

Q: Buyer not getting name changed in authorities after buying property

Hello All, I belong to Ahmedabad (Gujarat). I have recently sell by flat in Ahmedabad. My concern is that the buyer is not changing the name in: 1. Torrent Power Electricity board (company that provides electricity in Ahmedabad) 2. Adani PNG Gas (company that company PNG gas supply). 3. Ahmedabad Municipal Corporation property tax. Because of above, the bills of these are still coming in my name, as the buyer has not done the process of name change. I have requested him few times and he is saying yes he will do it but not actually doing it. My concern is that as these bills are coming in my name still, am I responsible to pay it although the property has been sold or what. I am confused and getting what to do. At worst I am thinking that I will not pay it and let the companies disconnect services, then ultimately the buyer will have to do process. Can someone please guide. I needed I can provide more information or details.

Advocate Mauleen Marfatia answered
Sir,The decision taken by you is proper. Let the electricity and gas connection get disconnected, then the new owner will have no choice but to get the names changed.However, in the meantime it will be proper if you were to address a letter to the electricity company, the gas company and the new owner of the property, explaining that you shall not be liable to pay any money nor shall you be liable if the connections are disconnected.

Q: Legal Remedy in case husband not ready to live together

sir/mam my husband wants mutual divorce.I don't want divorce but I want to live with my husband.currently we live separate due to my husband decision. I try request my husband so many times for compromise and live together but he doesn't accept.what can I do to live with my husband and his family.please help me

Advocate Mauleen Marfatia answered
Madam,I answer this query with the presumption that both you and your husband are Hindus. While, religion might not be relevant for marriage, it most certainly is when it comes to marital disputes.The Hindu Marriage Act, which governs marriage between a hindu man and a hindu woman provides for protection to a spouse where the other spouse does not wish to live in the marital home even when the marriage exists in the eyes of law. Essentially it gives protection to a spouse to demand that the other spouse resumes conjugation of marriage.You can move an application before the Family Court, seeking "RESTITUTION OF CONJUGAL RIGHTS". In lay mans term you can ask the court to direct your husband to come and take you from your present residence and into your marital home and resume family life.Hope i have answered your query satisfactorily.

Q: Remedy in case lawyer says that court will not grant injunction

we went to 1 lawyer for stay or injuction order..bt lawyer said that court will not grant us stay bcoz the home is 40 yrs old.......is this true.....bcoz my mothrr dies withut wil...now my brother not gvng my share n starting to renovate house...how can b bring stay...

Advocate Mauleen Marfatia answered
Dear Sir,Firstly, land and property disputes are very complex and it is always preferable that opinions should be sought from advocates after the concerned advocate has perused all documents pertaining to the matter.If your mother has indeed died without a will and if indeed your brother is not giving you your fair share then definitely the concerned court, upon filing of a suit, shall pass orders to uphold the interest of justice.You may contact me if you need further assistance.