Advocate Aditya Sharma

Questions Answered by Advocate Aditya Sharma (25+ answers)

Q: live in relation divorse is necessary to do a second marriage in India

I was living with a guy without marriage for past 4 years . He only filled sindoor and declared it as marriage we never registered it or take seven steps and i am also having a son age 1.5 years. now i dont want to live with him. Do I have to give him divorse to do a second marraige?

Advocate Aditya Sharma answered
Madam, The marriage will be considered legal as some hindu rituals were followed. There is no need for a marriage to be registered to be a legal marriage. So yes, if you seek to marry another person, a divorce of mutual consent can be filed for the divorce of your first marriage.

Q: Suitable title of case related to agreement to sell and sale deed

Sir, Pl refer my previous query on same subject. This agreement to sell against property is undivided agriculture land less than 8 standard acre which includes Lal Dora plot also . Whether any outsider can make agreement to sell unregistered without all all member signature as per law. So pl clear above point and further advice that what will be the suitable title for filing case in this matter . I am copercener and non signatory to the agreement to sell and sale deed and now want to declare to file case against agreement to sell and sale deed null and void.

Advocate Aditya Sharma answered
sir, the document will not be entirely illegal. The 5 people selling the land can only sell their share of the land and not the whole property. If they are selling the whole land then you can file a suit for permanent injunction and declaration and plead that the sale deed is based on fraud and misrepresentation but in most cases only the share of land the seller did not legally own will be cancelled and not the whole transaction. As far as the question of court fees comes, if the land is agricultural land then only the fixed court fees will be affixed.

Q: Rental Income As Valid Income And/Or Source Of Livelihood

I have a liability dispute with someone, where I want to convince the judicial bench that my opponent is having a valid source of rental income through a property. And further that this rental income is valid source of earning . I need some reference case laws where supreme court or high court has identified rental income as valid income AND/OR source of livelihood.

Advocate Aditya Sharma answered
Sultan Brothers Pvt. Ltd. vs CIT Chennai Properties and Investments Ltd. vs CIT these are two case laws where the dispute is whether The rent accrued from rent be considered as income tax of individual or company.It is a well settled law that the rent , a person acquire is income of the said person and if the rent is high, income tax on the said income shall also be paid