Advocate Kavita Kulkarni

Questions Answered by Advocate Kavita Kulkarni

Q: Does registration get cancelled if buyer could not make payment

I sold out my flat in 30.5 lacs in which buyer paid me 14.5 lac. rest 16 lacs will be paid by bank as he has requested for home loan and after issuing the sanction letter we have registered the flat and mention the clause in agreement within one month the bank will disburse the balance amount to me. Now bank is saying they stopped funding new case and disbursement is closed now. what should I do now?

Advocate Kavita Kulkarni answered
You can ask the purchaser to consult another bank for the loan. If the documents are clear and the purchaser can pay of the loan amount then the bank can disburse the loan. The bank will scrutinize the documents and will take the search of the property.

Q: Procedure to file a divorce and maintenance case

I am working. My salary is more than my husband and have 2BHK flat in pune and car on my name. Flat and car are loan free. Every single penny for flat and car is paid by me. flat was purchased before marriage. My current salary is 1.8 lacs per month and my husbands is 1.6 lacs per month. he also owns a flat on his name and have loan of appx 15 lacs pending on that. I have a daughter 3 year old. our marriage is not registered. My husband don't want to take responsibility of my daughter's or my expense. And if I am taking care of my daughter individually after divorce then I want maintenance. at least 50000 Rs per month. Because if I am taking care of my daughter I can not continue with my job due to my health reasons.

Advocate Kavita Kulkarni answered
Read your query, You can apply for divorce by filing a divorce petition. The first important thing is we must meet and discuss teh matter in detail in order to draft the petition from point of view of legal aspects.

Q: How to transfer flat in my father and my name

My mother died intestate. We are Hindus. My father , brother and me are the legal heirs. My brother does not want share in mother's flat. How to transfer flat in my father and my name?

Advocate Kavita Kulkarni answered
In this case you can go forheirship certificate by filing an application in the court. You three can make an application against no one. This process for granting the heirship takes 8 to 10 months period. Here you have to pay the stamp duty, which is calculated as per the valuation of flat.

Q: Is POA agent bound to notify court about death of Principal

There is a civil case of plaintiff vs two respondents. I am daughter of Defendant no. 1. Defendant no. 1 gave me special power of attorney to represent him, and the original POA was submitted to the court and now resides in the court files. This POA is NOT irrevocable. This case is still going on and Defendant no. 1 has died of old age. I have collected the Death Certificate from the Municipal Corporation. MY QUERY :- Am I bound to inform the court about the death although my POA is now invalid ? How will the court get to know that the defendant no. 1 has died and his POA given by him to me is now invalid ?

Advocate Kavita Kulkarni answered
Power of attorney holder is an agent of the person who executes the POA. The agent has to act according to the terms n conditions of POA. The agent sits in the shoes of the principal. The agent has to state to the court that the principal is no more.

Q: What will be the legal procedure to file a case of cheque bounce

What will be the legal proceedure after the client cheque is bounce and whom to approach

Advocate Kavita Kulkarni answered
Need to have the date of bouncing of the cheque, then the demand notice is to be issued to the drawer of the cheque. We have to wait till the notice period n then filing of the complaint. One should have a legal reason to claim the amount n it has to be proved.