Advocate Mahendrakumar S Sonawane

Questions Answered by Advocate Mahendrakumar S Sonawane (25+ answers)

Q: Marriage resolution and will making

Hi , Iam looking for law firm which whoHandles 498A cases, Domestic Violence cases,conflict matrimonial disputesIs known for strong courtroom presen.I am married for 20 years but there has been threats from wife as well as insecurity seen regarding property.

Advocate Mahendrakumar S Sonawane answered
Section 498A of the Indian Penal Code applies only to cruelty by a husband or his relatives against a wife, so a husband cannot file 498A against his wife—instead, he must pursue appropriate remedies such as divorce or other applicable criminal provisions depending on the facts.

Q: We have Mutual divorce in 2025

How can i get custody of my child we have mutual divorce on 2025 but that time i am not aware of my wife affairs. She had relation with other man they meet every 3 to 4 months. My doughter find the massage in her mobile and she said lie as he is only friend please Advoice foe my child custody.

Advocate Mahendrakumar S Sonawane answered
File a custody/guardianship petition under the Guardians and Wards Act, 1890 before the Family Court and prove that a change in custody is in the best interest and welfare of the child—mere allegation of adultery against the mother is not sufficient unless it adversely affects the child’s welfare.

Q: Apartment Flat details not entered at local municipal for Propert Tax

Due to lack of awareness apartment flat not entered the details to local municipal for property tax it is completed 5 years now we can go to local municipal office and enter the flat details for property tax to get from municipal office

Advocate Mahendrakumar S Sonawane answered
Yes, a flat that has been registered in your name can be updated in the property tax records even after five years of purchase in India. However, the process may vary depending on the municipal authority of the area where the property is located.

Q: Live in relationship with 1st valid marriage

I ...so I want to ask can I live in relationship with another girl being 1st married still valid married ....before 3 yrs but we r separate living from last 2 yrs we both r not initiated for divorce as it is long n lengthy process .

Advocate Mahendrakumar S Sonawane answered
No, a person who is legally married cannot enter into a live-in relationship with another woman without first obtaining a divorce from their spouse. Doing so would be considered bigamy under Section 494 of the Indian Penal Code (IPC) if the live-in relationship is deemed to have the nature of a marriage. Additionally, the first wife may file a case for adultery and cruelty under matrimonial laws.To avoid legal complications, the person should first obtain a legal divorce before entering into a live-in relationship.

Q: Rights in land of my grandfather

My grandfather died in 1935 ie before the 1956 HSA . My mother died in 1993 .WHAT IS RECENT JUDGMENT ON daughter’s heirs rights in my case .

Advocate Mahendrakumar S Sonawane answered
The Hindu Succession (Amendment) Act, 2005, was a pivotal change that granted daughters equal rights to ancestral property, similar to sons. This amendment ensured that daughters became coparceners by birth, allowing them to inherit, claim, and seek partition of ancestral property.The Supreme Court of India has reinforced this principle of gender equality through several key judgments: 1. Vineeta Sharma v. Rakesh Sharma (2020): The Court clarified that a daughter’s right to ancestral property is by birth and is not contingent upon the father’s survival as of the date of the 2005 amendment. This means that daughters have equal rights irrespective of whether their father was alive on September 9, 2005.  2. Arunachala Gounder v. Ponnusamy (2022): The Supreme Court held that a father’s self-acquired property would devolve upon his daughter in the absence of any other legal heir, further solidifying the daughter’s inheritance rights.  3. K.C. Laxmana v. K.C. Chandrappa Gowda (2022): The Court emphasized that a Hindu father or any other managing member of a Hindu Undivided Family has the power to gift ancestral property only for a ‘pious purpose,’ such as charitable or religious reasons. A gift made out of ‘love and affection’ does not qualify under this exception, thereby protecting the interests of all rightful heirs, including daughters. These judgments collectively ensure that daughters have equal rights to inherit ancestral property, aligning with the constitutional mandate of gender equality.