Advocate Madhura Dalvi

Questions Answered by Advocate Madhura Dalvi

Q: Can ownership of a property be changed purchased by loan

After marriage we purchased a 2bhk. My husbands parents supported to pay 40% by selling the existing 1 bhk appartment in which we are staying. my husband took 60% home loan. however the house property papers has three owners, my husband, his father and mother. I am not added. Is there any situation where his parents can remove his name from the property papers and own the entire house legally? Or transfer their ownership to any of his siblings?

Advocate Madhura Dalvi answered
Your in laws will not be able to remove your husband's name from the property unless your husband has relinquished his rights over the said 1 BHK apartments.Unless relinquish deed is made by your husband where he gives up right on the property , your in laws will not be able to remove your husbands name from 1BHK Apt

Q: What is the procedure to change the name of the trust

What is the procedure to change the name of any trust. Also what all documents are required for the same and how much time does it take?

Advocate Madhura Dalvi answered
make a change report and give the reason of changing the name of the trust.annex the required documents like notice, agenda, resolution, minutes (which speaks about the change in name of the Trust).if there is a delay of more than 90 days file a condonation of delay application along with the change report.upon the order passed by the Asst Charity Commissioner a new Registration certificate with new and old PTR No will be issued to you by the concerned Department.

Q: Wife not returning to matrimonial home & forcing to file for divorce

My wife have not returned to me since last 7 months from her mother's place. And when she was with us she was torturing my family so that we will ask for divorce and she can make some money out of it. Now she has not returned and maintaining records of expenses so that she can claim.. And we don't have any child

Advocate Madhura Dalvi answered
She cannot force you to file a divorce against her. The call to file divorce has to be taken you without any force from anyone.It is now, that you have to decide required to be done.Send her a Notice or else file Restitution of Conjugal Rights on your wife.

Q: Usage of Trust assets for personal benefits whether legal

Hi ,  . I'm living in Pune , nana peth, Where a " ram mandir " with its trust. Trust have 2 trustee. One of their trust living in trust premises with his family. He is also working as a caretaker of same land . Is it legal to utilize trust assets for his family? If it illigal , what to do?

Advocate Madhura Dalvi answered
the trustee cannot use the premise of trust for the benefit of his famiy unless trust is a private trust and if the trust is public trust in that case the trust deed of trust is required to be seen and read wherein what powers are granted to the trustees in respect of the usage of trust assests for his own benefit.in this circumstance you need to move before the charity commissioner to make him aware about the breach of the trust deed by the trustee.

Q: Query on Property distribution amongst the children from two marriages

A person, governed by Hindu personal law had married twice. His marriage was legally valid and both of his wives have died. he has 3 son's from first wife while he has 2 son's from second wife. in case of property distribution which is land, who would be entitled to the share of land as per Hindu succession act, whether children of first wife OR second wife OR children of both wives ? Father is alive as on date and does not have any will.

Advocate Madhura Dalvi answered
If the wives are no more in existence today all the children will be given the share in the property as per Hindu Succession Act.What about his first marriage?? Was he a divorcee before the second marriage?? These facts are required to be disclosed.