Advocate Aniket Nerurkar

Questions Answered by Advocate Aniket Nerurkar

Q: Divorce advise for Husband & wife , Separation procedure please

Hi Sir/Mam,Myself Shankar B from Navi Mumbai Koperkhairne.Me and my wife fight every alternate day ,we hate each others when we had fight.its been 4 years for Marriage, we have 3 year old son.There are many reason of dispute , main reasons one of is Physical life , which she denied every time. and same time she expect all house work from me. I am frustrated of her behavior. I would like know how i can we get separated please suggest.

Advocate Aniket Nerurkar answered
U can file for a Divorce under section 13 of HINDU MARRAIGE ACT on the grounds of cruelty. Denying Physical relationship for no valid reason is a ground of Divorce. It is always better to first try for a MUTUAL DIVORCE by settling all the terms and conditions.If that does not work out then Contested Divorce is the option

Q: Property issue with my sister who already got her property share room.

Can my sister claim share in mother's property which purchased by my father in mother's name?

Advocate Aniket Nerurkar answered
If your father has purchased a property in your mothers name as long as she is alive she has a right to transfer the ownership but can be challenged as its not her self owned property. If she expires by executing a WILL, the WILL can be challanged on the ground that she had no right to bequeath the property as its not her self owned property. So, in all the probabilities your sister has a right in mothers property.

Q: All flat has been saled but still builder is not able to form society

Our project is RERA registered. This project started in 2014. developer has got the corporation permission and also plan is sanctioned. after the sale of 51% of the Units, developer has failed to form a Co-operative Society of all the Allottees in the said scheme till date. now all the flats has been sale and still he is not ready to form a Society. and now 6 yrs already completed but still he extended in RERA till 2023 how is it possible ? and now more than 2 yrs he haven't done any remaining work and still many work is pending.

Advocate Aniket Nerurkar answered
As per section 11 (4) (e) of the RERA Act, 2016 the promotor is responsible to form the association or a society or a co-operative society under the laws applicable to carry out the project in a smooth manner.When 51% of the flats are sold through a registered Agreement, it is his responsibility to get the society registered.As per the change in dates in Rera website to the one promised in the respective Registered Agreements the dates in the registered Agreement will hold good and considered. Once the Agreement is registered the dates in the registered agreement matters the most and the dates on the website of rera are irrelevant.If there is an delay in possession i.e., for offering occupation certificate beyound the date promised in the registered agreement then u can get the interest on the amount paid under Section 18 of RERA and if u do not want to stay on the project can get the entire money back with interest. Can call for any other further clarification.

Q: Mother property claim right in her dad property

My grandfather has died in 1996 he having 3 son and 2 daughter he has done partion letter in1991 now the property is on name of his son onlyProperty is agricultural land does my mother get right in property We are hindu

Advocate Aniket Nerurkar answered
Yes. Your mother has a right in the share of your grandmother . The Hindu SUCCESSION ACT HAS AN RETROSPECTIVE EFFECT AND YOUR MOTHER HAS AN RIGHT IN THE PROPERTY.Your can file for a LEGAL HEIR CERTIFICATE in the appropriate court and state to the court that u have a right in the property and u intend to put all the legal heir names in the certificate so that one person on its own cannot claim the whole property . Other details can be discussed

Q: Does daughter claim in fathers property

Father died before 2005 Property is agriculture land3 brother and 2 sisterReligion hindu

Advocate Aniket Nerurkar answered
Yes. U have a right in a fathers property. There is an retrospective effect for the amendmended act. What u do is u file for a LEGAL HEIRSHIP certificate and get the needful. How to file it we need to discuss it