Advocate Surekha Gondhale

Questions Answered by Advocate Surekha Gondhale

Q: How to file for adverse possession on open land?

Hi, few years back my father purchased a land in municipal corporation area. In, early 2000 my father signed a power of attorney (or kulmukhtyar patra) to one person to sell that land however we recognized that instead of selling that land the same person has built his own house on that land and living their since year 2004 till now. He registered that house on his wife's name and paying property bills, electricity bills, etc. since 2004. Is he allowed to do so? Do we lost our property? Is he has now the legal owner of that land? How can we claim our property back? As he has POA, can he sell that property to someone else without my fathers knowing? What are the consequences of this? Please advise.

Advocate Surekha Gondhale answered
Hi,As per your query,your father had given power of attorney to the person to whom the possession of property is .we have to see the rights which have given in the power of attorney .Once we have check the power of attorney ,we will decide to file suit against him

Q: what is the Procedure for making Gift Deed

My mother is a sole owner of a bungalow, [ with FSI ] she wants to gift it to me, What will be the Stamp duty and charges ??? And do we have to revaluate the property and pay the % on the market value of the plot ??? And after the gift deed is done can my married sisters file any case against me to ask for their share in the property ???

Advocate Surekha Gondhale answered
As per your query,for gift deed procedure,mother gifted property to daughter.as per registration ,there is five hundred rupees stamp duty and 200 registration fees.once it is gifted to daughter,nobody is entitled to it

Q: WHat is the procedure to apply for Marriage Certificate?

Dear Sir, I am from Mumbai and my wife is from West Bengal. We got married on Nov 21, 2016 in West Bengal (as per Hindu tradition). We are currently working in Pune and would like to get our marriage certificate made in Pune itself. What is the procedure for acquiring the certificate?

Advocate Surekha Gondhale answered
Hello,As per your query, for the marriage certificate, the required documents must be submit in the marriage office.after submiting the documents,there is one months notice period.After one month,they get the marriage certificate.Three witness required before the marriage officer.Punes residential proof,id proof,birth proof,four photographs and marriage affidavit is required for getting the certificate.

Q: Mutual Divorce Procedure and time involved

Please advice me on the procedure to be followed for filing mutual divorce in court as per Hindu marriage act. How many counseling will be done and what is claim of affidavit?

Advocate Surekha Gondhale answered
Hello...As per your query,mutual divorce means,when husband and wife are mutually ready to take divorce or wanted to be seperate.For mutual divorce, there are one or two counselling before the councellor in the family court ,and within the six to seven months ,there is order of mutual divorce.But there is fifteen months compulsory seperation.

Q: Landlord physically and mentally harassing me no registered agreement

I have a 11 month lease with my landlord. Now my landlord is physically harassing me and also threatening to put lock on my door. What are my rights and what to do?

Advocate Surekha Gondhale answered
Hi..As per your query,you have made agreement with landlord.whethere this agreemetn is registered before the subregistrar or not .whether you have mention in the agreement the lock inn period ? there is one or two months notice period for vacating the premises for landlord and tenant .You have mention it or and how months? if not send him notice . see whether you have made proper agreement or not.