Advocate Darshna Shreedhar Mhadaye

Questions Answered by Advocate Darshna Shreedhar Mhadaye

Q: Who is responsible to look after mother elder sister or me

we have two flats one in da & mom second in mom & me. mom stay in one flat & she is not allowing me to enter in my dads house. my dad has passed away without making any will. i have been told her by one lawyer i have no right to stay in my dads house. my sister is asking for her share but doesnot want to take care of my mom. sister has enough money & she is elder to me. if my sister is asking for her she should take care of mom. i have no job & no money. if my sister refuses then too she can claim for her right. what to do. please some one answer....

Advocate Darshna Shreedhar Mhadaye answered
hi,If your dad has not made any will, they you are the three legal heirs of him, you, your sister and your mother. As you say, if one flat is in joint name of your dad and mom, then after him, she is the owner of that flat. And if there is another flat also, which is in your name and your mom name, then i think you are staying in that another flat. So, if you want your mom, should give you your share, then it is also your responsibility to look after her and to give her maintenance. Your sister duty is also the same. You both have to take care of your mother, because after demise of your father, who remains for her, you and your sister. So, instead of demanding share and all, it is the duty of both of you to take care of her and provide her maintenance and medical expenses also, if any. So, this is not the question of elder or younger, if you are a major and earning person, you can't say that my sister is elder, so i don't have any duty towards my mother. You both are now legal heirs of her. So, be cool and discuss this issue with your sister and mother.

Q: What to do if landlord is not ready to sell his property to tenant

Hi, We have a shop on rent from last 50 years. we are paying rent to the owner in good faith. The electricity bill is generated on landlord name(owner). The shop is running by my father & I have my own profession in the other town. if in case I want to close the shop & not interested to pay any rent there after then what are my rights & duties toward land lord. I do not want to surrender this property & interested to buy from the owner but he is not ready to sell. Please help me in this case.

Advocate Darshna Shreedhar Mhadaye answered
hi,If landlord is not agreeable to sale his property, no one can force him. if you really want to buy that property, offer him attractive compensation for the same. Even then, also if he does not agree, then no one can force him, if he is having legal ownership on that property.

Q: What to do landlord asking to deposit rent in third party account

Hi, My NRI Landlord is asking me to deposit rent and deposit in a third party account of his friend/acquaintance. Should I ask him to share a signed statement asking me to deposit rent in this third party account. Will this be enough to prove my rent paid in case of any disputes later on. What should be the content of this statement?

Advocate Darshna Shreedhar Mhadaye answered
hi,Yes, you should take everything in written from him. The Statement should includes the payment to the account of so and so is actually a rent payment towards the said landlord with reference to the said house (mentioned full address of that place and give reference of Leave and License Agreement, attached copy, if required.) which was given on rent. The NRI landlord should agreeable to issue rent receipts for the said payment in third party account. and the third party should also acquaintance that it is actually rent deposit paid to landlord, but at the request of landlord, he is receiving the same. But, make sure that you will receive receipts for the same.

Q: What to do if my landlord harasses and tries to kill me

Today my farmer landlord issued a cheque in the name of me and given to third party. When I ask for my cheque he didn’t give me and try to kill me

Advocate Darshna Shreedhar Mhadaye answered
hi,If there is a threat to your life, you should file complaint to the nearest Police Station. You have not mentioned anything about your tenancy agreement, its terms and conditions, who is the third party? Please provide full details. and you can make complaint to police station because trying to kill someone is a criminal offence which is punishable with imprisonment under Indian Penal Code. Safety comes first.

Q: What to do children doesn't want to take care of me but wants property

My husband passed away 10 months before and after his death I have 4 daughters and 2 son everyone is married and settled. Now my children asking to transfer all my husband property on there name and no one is ready to take care of me. Please suggest what should I do.

Advocate Darshna Shreedhar Mhadaye answered
hi,You should not transfer any property rights to your children, as then they will not do anything for you. If your husband's property is in your name and it is enough for you to survive without the help of your children; then it is better for you that you should not transfer any property rights to anyone or give any power of attorney type document in their favour, because as you say, i think they only want your property, not you. If anyone of your children force or threaten you to transfer the property in their name, you can file police complaint against them.And if your husband's property is not enough for you to survive, you can file Maintenance Petition against your children for your maintenance and medical expenses under section 125 of Criminal Procedure Code, because it is your children's duty now and then to maintain you and to look after you in your old age.And more thing you have to do is that you have to prepare your will to avoid fightings on property isssues between your children after you, This you can do without their knowledge and with the help of an advocate. As you about to know, life is not certain, this is very important nowadays to make will.Whatever you can do, be sure that you are doing what you actually want to do. Take help of your faithful friends and relatives.