Advocate Kavita Kedari Talkar

Questions Answered by Advocate Kavita Kedari Talkar

Q: Can a foreign citizen sell their property in India by giving the POA

As sister is Canadian citizen can she give a power of attorney for selling the flat? Who has to endorse the PoA - Canadian consulate or Indian consulate?

Advocate Kavita Kedari Talkar answered
hiAs sister is Canadian citizen, she should give Power of Attorney duly signed and registered at Canada, also paid Indian stamp duty through their Indian embassies. Then can be valid.Who has to endorse the PoA - Canadian consulate or Indian consulate?Canadian Consultants.

Q: Place of marriage mentioned in marriage certificate is wrong

Sir, I want to question the authenticity of marriage certificate.It is almost an year since married and we are staying seperate from last 6 months. As we are in verge of a divorce and they are threatening me to file with false DV case to block me from going abroad. My marriage was happened in a Marriage Hall. But, My wife's family made the documents that it was happened in her home. The online marriage certificate issued by local panchayath body is shown as Bride's Residence as the place of marriage. This certificate issued was at local town of my wife. Is it possible to question this certificate & Is it possible to get it invalid, If I request a correction in with the same local registrar.? Whether I will be also in trouble with law for wrong declaration ? What will be procedures & is it possible to file an RTI ? How can deal with this. Also, If things are going well, Is it necessary or possible to change the document to avoid any issue in future.

Advocate Kavita Kedari Talkar answered
Hi1) first thing, just Marriage Registrar having power to issue Marriage Certificate. Marriage Registration is necessary. if their local Grampanchayat having that power, then you can give simple Application for change the address. You can attached hall receipt or marriage card.2) 'Trouble with law for wrong declaration'..... yes you can file RTI.3) Also, If things are going well, Is it necessary or possible to change the document to avoid any issue in future. what type documents you want to change to avoid issue? if your talking about your marriage certificate, i don't thing , just marriage place make any seance after all jurisdiction wise that the same place.

Q: Can i sell my sister's property with POA given by her

I have been given general power of attorney by my sister to sell her invested property in Rajapur. My sister stays in Sangli and due to personal reasons she is not able to come to Rajapur to execute the sale herself. Can I execute the sale of the property without her? Do I need to execute the sale in the Rajapur jurisdiction itself or can I execute the sale in Sangli? How do I proceed ahead.

Advocate Kavita Kedari Talkar answered
hiYes you can sell your sister property as a authorized power of Attorney holder. Power of Attorney must be irrevocable and registered. You can execute sale of property without her. You need to execute and register the sale in the Rajapur jurisdiction.You need to appoint advocate for further documentation.

Q: Relatives claiming ownership of a property after selling it

My grandmother purchased a house in 1993 from her relatives now they are claiming on our property claiming that we never sold it what shall we do they are asking for money can they do anything or harm us in anyway I am a muslim

Advocate Kavita Kedari Talkar answered
Do you have property registered in the name of your Grandmother? If its there no one can do anything.If no document available then get the property title search by Lawyer and check the status of ownership of property.Take further advice from lawyer once documents are in placed.

Q: Partition of property when husband has two wives

I am from Hind family. My fathers age is 80 year My father have two wives. He makes two marriages because first wife's character is not good. First wife having two sons & one daughter .second wife having Two son's .Now I speak with him about property distribution. He never show interest in this subject .he said after my death you will get all property equal. I have always doubt in my mind " That is possible without dispute ?" Because my step mother never allow in native place also. She say this my property . You never look at this property. Plz help me how to handle this case.

Advocate Kavita Kedari Talkar answered
As per Hindu marriage act the second marriage is void. However to resolve the property dispute your father need to write Will and get the same registered.That is the best possible solution.Take advice from Lawyer and resolve issues amicably.