Advocate Satyajit Rajendra

Questions Answered by Advocate Satyajit Rajendra

Q: How To Sell Joint Property If One Owner Dies

There is a property in the joint name of my father and mother. Now my father has died. Now, my mother wants to sell the property. As the property is in the Joint name of my father and mother and I am the only son to my parents.only death certificate is sufficient to sell the property as it is in joint names?

Advocate Satyajit Rajendra answered
U will have to apply for succession certificate. As u and your mother are the only legal representative, after getting the certificate u can legally sell the property. At some places the LR’s are recorded in the heirs column in revenue records, if that possible - u can sell it

Q: Tenant filed case in court to sell flat to him at nominal rate

My tenant,whom I had given 1 room from 4 rooms of the flat,has submitted a civil suit in the court of law,with a petition for orders to sell the flat to him in 27 lakhs.He has submitted visar pavti in the court of law,on which there are no signatures.What legal action can be taken against the tenant ? Under which penal code?Is it a forgery?Can the court can taken action suo motu ,or I will have to filw criminal complaint?Under which clauses ? Pls guide.

Advocate Satyajit Rajendra answered
As u said that tge agreement to sale is bearing no signatures, no question of criminal prosecution for forgery can be initiated.You will have to produce rent agreement on the basis of which he was inducted as tenant.And apart from there being any legal transferable document - then the court cannot force some one to sell his property. Its purely a contractual obligation between parties.

Q: What to do in case of property dispute in ancestral property

My grandfather is give some part of property to my uncle son without my father confirmation my father is eledor son of my grandfather the property is not share eqully by grandfather please help us to give us justice 

Advocate Satyajit Rajendra answered
u will first have to find out that the ancestral property was partitioned between the heirs of your grandfather.....if not then u will have to file a case for seeking partition of the ancestral property. for filling the case for partition you will have to mention all the ancestral properties and will have to add all the heirs as party defendant and seek your share through your father's right.

Q: Can we make changes in name in the marriage certificate

We got marriage certificate issued in 2014. The name of my wife was given as "A B C". Her original name on birth certificate (and all other govt issued documents) is "A D C". Her middle name was changed before marraige in 2012. (She was adopted, so her middle name was changed). We had made affidavits, newspaper ads, etc for the same. When she went for issuing "Passport", her marriage certificate was rejected. Reasons: the adoption is not possible for any child after age of 18 years. So basically her name change is invalid. Since marriage certificate was the only document, that she had with new name. We decided to change the name on marriage certificate itself. Is it possible?

Advocate Satyajit Rajendra answered
Sir u will have to search for registeratin of marriages online on google and the. U will have to follow the procedure enumerated therein and will have to execute one affidavit where in the name has to be clariffied. Now in India the marriage registeration exercise in online.All details available online including the formats and also the relevant office contact nunbers.

Q: Wife not coming on final date of hearing,file mutual divorce by wife

I had marrige on 5th June 2015, in lucknow and mutual divorce filled on 22 August 2016, in Pune. The reason is wife affaire with other and continue after marriage. she not make material relation with me. What can I do, mutual divorce filled by wife, but his parents pressurized her, that doesn't come on final hearing date, and also blaming to me that I had filled with pressure and abuse her and slapped her. if she's not coming on final hearing date so what can I do.

Advocate Satyajit Rajendra answered
First of all mutual divorce petition is preferred by both husband and wife. The span for considering the mutual consent divorce is 6 months. If either party is not attending the court then the court can issue summons for apperaing before it.You can also make a statement before the court that now the marriage is not surviving and no point in keeping the petition alive and seek expeditious disposal.