Advocate Rajesh Kulkarni

Questions Answered by Advocate Rajesh Kulkarni

Q: Property of my deceased dad who passed away abroad

We are two sisters and my mother. We are in the process of selling my dads property but we r facing issues with the correct process of legal heirs. My mother and sisters passport has the address of the property we r selling but I do not. How can we go about preparing the right document to sell this property?

Advocate Rajesh Kulkarni answered
all u three have to obtain legal heir certificate from concerned Civil Court and address is not relevant and court fee has to be paid on market value as per market value certificate issued by concerned sub-registrar office

Q: succession & possession of inherited property issue.

My father died intestate in 2016. He had a self acquired house and land. My sister had a disturbance in her marriage and living with us in our home from past 9 years. I got married recently and work in a different place from my hometown. Now my mother and sister are not allowing us to enter my home. I want possession of my house according to my share. How can I fight and get my legal right. Also If the said above propoerties of my father were not divided yet, Can my mother write a will on my sister's name for what ever share she will get even with out dividing the propoerty.

Advocate Rajesh Kulkarni answered
your mother has no absolute right to create any document in either ways, and your sister has also no right to claim partition as it is not a ancestral property. As stated above your sister has no equal right property and a partition case has to be filed by you for partition of property between yourself mother only

Q: My Grand mother has sold the land with my father what to do

My Grand mother has sold the properties with my father now my fathers brother ( Uncle) is claiming can he make a case in court..pls help me

Advocate Rajesh Kulkarni answered
Is u your grand mother property self acquired clarify on this aspect and if it is ancestral property you being heirs you will be having right and one interest over the property in dispute... Even if it is self acquired your stand in case will sustain, you can proceed further for cancellation of alleged sale deed

Q: What if my son-in law concealed being a divorcee at time of marriage?

A man married a woman by suppressing the fact that he was married and divorced earlier. Before marriage, the woman's family had this suspicion but the man himself, the man's family and relatives, even though they know about his earlier marriage and divorce, lied to the woman and woman's family that he was not married / divorced earlier. Now the woman's father could procure the man's earlier marriage certificate, divorce order and divorce decree from a family court. He did not tell his daughter yet about this as his daughter is believing her husband blindly like a sheep and she may argue that these documents are fabricated by her father. This happened before his daughter married that man. So what are the legal options before this father?

Advocate Rajesh Kulkarni answered
Now that you have procured information regarding that person's background now question comes what goes in the mind set of present wife and what is that she has decided, either to be same or that she wants to go for legal options available to her against her husband

Q: Caveat Petition issued on wrong facts

We are staying in our house since past 31 years. There is a nala/open drain line of sewage water flowing adjacent to our house. House plan registered from the Housing Board & Municipality department. In Nov'17, we have received a Caveat Petition from Court of Junior & Senior Civil court, Court of District Judge,from the Petitioner (Dpt Commissioner, GHMC) stating that we have illegally occupied the Nala abutting the premises. But the fact is that we haven't occupied any area of the Nala. One corner of our compound wall (North east corner) overhangs through a cantilever above the Nala. There is no obstruction for the flow of the sewage water as well. Infact, we were told that only its a rain water drain as per the housing board plan. Now as per the letter, GHMC has standing instructions to demolish the construction on nala buffer zone. How do we counter this case. Please advice.

Advocate Rajesh Kulkarni answered
You have good case to fight for your title. As per your version House plan was registered with municipality and Housing board and now that GHMC is neglecting the same and instructions have been issued to demolish the same.... You can definitely challenge said letter issued by GHMC by filing writ petition before Hon'ble High Court and parellely you can file suit for injunction before trial court