Advocate Keyur Kulkarni

Questions Answered by Advocate Keyur Kulkarni (100+ answers)

Q: Deemed conveyance undivided share issue

We are defendants in a case and want to seek Reliefs. Do we file a counter claim or fresh case . Majority Reliefs are overlapping

Advocate Keyur Kulkarni answered
If your case arises from the same cause of action as that of the plaintiffs, you must file counter claim. However if the cause of action is different from plaint, then its better to proceed with fresh suit.

Q: Dispute over title in flat occupied for 59 years

I am living in a flat for 59 years held in the name of a erstwhile partnership firm. My father was briefly employed by the firm. The firm was owned by his elder brother. Both are deceased. I filed for title in 2020at the Metropolitan court. Later I handed over the property for redevelopment in 2021. The case has been dragging without any hearings. I am 72 years old in failing health, I need help my lawyer is not working enthuasticly.

Advocate Keyur Kulkarni answered
If there are no living heirs apart from you, the flat lands in your name. However, I am not sure if Metropolitan Court has jurisdiction over your particular issue of title, instead the Civil Court has direct jurisdiction over your issue. We can discuss further and I can guide you

Q: Loan Recovery Upon Breach Of Agreement

Gave loan to x girl friend with an agreement where she will not let her childrens father in, he is abusive, disgusting,me and my mother has suffered seviere trauma bcaz of him in the past. She planed this scam with him. Took loan and now she allowed him back into the house. Upon request she denys to pay me the whole amount

Advocate Keyur Kulkarni answered
In such an agreement, there are various factors to be considered. Did you give the loan for the sole purpose of keeping the man out? Are two different circumstances? Anyway, you can opt for civil recovery, where in you can claim the amount with interest as well as performance of agreement.

Q: Send legal notice to husband for section 9

Husband threaten me so I came to my mom dad home then he send me normal false letter stating that I am living there by my choice then I send legal notice to husband under section 9 but he doesn't rply..n don't take me home

Advocate Keyur Kulkarni answered
You have file case before the local family court with the relief of taking you back to your matrimonial home along with domestic abuse case. This case must be filed with the notice and reply to make it clearer.

Q: Succession of property declaration

Hi, My parents have gifted their own self earned property to me through gift deed. I'm going to file a divorce case soon. What should I do to avoid any claim of share by her in the property? Because she has neither taken care of me or my parents. Can I mention in will to avoid inheritance to her I case of my demise?

Advocate Keyur Kulkarni answered
You can mention in will to avoid inheritance to her but that will not really do any good in your case. Her right in your property trumps the will, which basically comes into the picture after your demise, while divorce and her claim is there while you are alive. What you can do is, dispose off the property and do away with the proceeds quietly before starting divorce proceedings.