Advocate Manesha Paatil
Advocate Manesha enrolled with the Bar Council of Maharashtra and Goa in 1995. She is a member of the Pune Bar Association.
Enrollment Number : MAH/2103/1995
- District Court, Pune
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Questions Answered by Advocate Manesha Paatil
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 Manesha Paatil answered
Not at allIt will be considered as misappropriation or misuse ..Your queries as below 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?
Q: Can I restrict my tenant from using rent agreement as address proof?
I AM GOING TO ENTER IN TO A LEAVE & LICENSE AGRMT FOR 11 MONTHS FOR MY FLAT IN MUMBAI TO BE GIVEN ON RENT. THE TENANT IS FROM BIHAR, RECENTLY JOINED ONE PRIVET FIRM IN MUMBAI. THE TENANT HAS ADHAAR CARD HAVING ADDRESS OF BIHAR, HAVING ADHAAR ADDRESS OF BIHAR. NOW, THE TENANT IS ASKING ME TO ADD HIS WIFES NAME IN THE AGREEMENT AS SHE WANT TO APPLY FOR PASSPORT AND SIM CARD IN MUMBAI AND USE THE LEAVE & LICENSE AGRMT AS THE ADDRESS PROOF. 1) SHOULD I ALLOW FOR THE SAME? IS IT SAFE THAT TENANT USE MY FLAT ADDRESS FOR APPLYING PASSPORT OR SIM CARD ETC? PLEASE GUIDE. 2) IF NO, WHAT IS THE CLAUSE TO BE ADDED IN THE AGREEMENT TO RESTRICT THE TENANT FROM USING THE REANTAL FLAT ADDRESS AS A ADDRESS PROOF.
Advocate Manesha Paatil answered
I AM GOING TO ENTER IN TO A LEAVE & LICENSE AGRMT FOR 11 MONTHS FOR MY FLAT IN MUMBAI TO BE GIVEN ON RENT. THE TENANT IS FROM BIHAR, RECENTLY JOINED ONE PRIVET FIRM IN MUMBAI. THE TENANT HAS ADHAAR CARD HAVING ADDRESS OF BIHAR, HAVING ADHAAR ADDRESS OF BIHAR. NOW, THE TENANT IS ASKING ME TO ADD HIS WIFES NAME IN THE AGREEMENT AS SHE WANT TO APPLY FOR PASSPORT AND SIM CARD IN MUMBAI AND USE THE LEAVE & LICENSE AGRMT AS THE ADDRESS PROOF. 1) SHOULD I ALLOW FOR THE SAME? IS IT SAFE THAT TENANT USE MY FLAT ADDRESS FOR APPLYING PASSPORT OR SIM CARD ETC? PLEASE GUIDE. 2) IF NO, WHAT IS THE CLAUSE TO BE ADDED IN THE AGREEMENT TO RESTRICT THE TENANT FROM USING THE REANTAL FLAT ADDRESS AS A ADDRESS PROOF.AnswerDear client, It is general practice to use registered Leave and License agreement for Driving License, Bank account opening, passport application etc. After registration the Owners has to submit the Tenant Information Form to the Police Station in whoes Jurisdictions your property comes. Then there will be no harm in letting the tenants using your Agreement as proof of residence. We also give Doorsteps services to register leave and license online.
Q: Can gf file Divorce u/s 13B even if we never got married ?
Dear sir mai aur meri lover ek dusare se bahot pyar karate the lekin uske gharwalonko hamara pyar manjur nahi tha es bich hum ko bhi parva n karate huye ek duje ke sath rehane lage hum 7 baras ek duje ke sath rahe gharme chhotasa zagada bina apshabd aur bina marpit ka misunderstandin hua. to usne uske maa bap ke ghar jakar zyata bol diya unhone session court me case darj karai mai bar bar usko aur uske maa bap ko bolta raha kanooni tarike se hamari shadi karwa do unhone ha ha bolke es par koi bhi vichar nahi kiya aur case darj karai aaj meri case es stage par hai ki wo chahati hai ki mutual section 13 B ke tehet hum divorce lenge lekin mai duvidha me hu ke agar shadi nahi ki aur use court me patni kaise bol du aisa karane se muze koi dikkat to nahi aa jayegi meri aaj bhi sabhise yahi prarthana hai ki mai usise kanooni tarike se shadi karana chahata hu lekin wo taiyyar nahi ho rahi es paristhitime mera section 13 B ke tehet petition karana such hai ya galat muze aapke anm
Advocate Manesha Paatil answered
13. Divorce- (1) Any marriage solemnized, whether before or after thecommencement of the Act, may, on a petition presented by either the husband orthe wife, be dissolved by a decree of divorce on the ground that the other party-(i) has, after the solemnization of the marriage had voluntary sexual intercoursewith any person other than his or her spouse; or(ia) has, after the solemnization of the marriage, treated the petitioner withcruelty; or(ib) has deserted the petitioner for a continuous period of not less than two yearsimmediately preceding the presentation of the petition; or(ii) has ceased to be a Hindu by conversion to another religion ; or(iii) has been incurably of unsound mind, or has suffering continuously orintermittently from mental disorder of such a kind and to such an extent that thepetitioner cannot reasonably be expected to live with the respondent.Explanation- In this clause-(a) the expression "mental disorder" means mental illness, arrested or incompletedevelopment of mind, psychopathic disorder or any other disorder or disability ofmind and include schizophrenia;(b) the expression "psychopathic disorder" means a persistent disorder or disabilityof mind (whether or not including sub-normality of intelligence) which results inabnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment; or(iv) has been suffering from a virulent and incurable form of leprosy; or(v) has been suffering from veneral disease in a communicable form; or(vi) has renounced the world by entering any religious order; or(vii) has not been heard of as being alive for a period of seven years or more bythose persons who would naturally have heard of it, had that party been alive;Explanation.- In this sub-section, the expression "desertion" means the desertionof the petitioner by the other party to the marriage without reasonable cause andwithout the consent or against the wish of such party, and includes the willfulneglect of the petitioner by the other party to the marriage, and its grammaticalvariations and cognate expression shall be construed accordingly.(1-A) Either party to a marriage, whether solemnized before or after thecommencement of this Act, may also present a petition for the dissolution of themarriage by a decree of divorce on the ground-(i) that there has been no resumption of cohabitation as between the parties to themarriage for a period of one year or upwards after the passing of a decree forjudicial separation in a proceeding to which they were parties; or(ii) that there has been no restitution of conjugal rights as between the parties tothe marriage for a period of one year or upward after the passing of a decree ofrestitution of conjugal rights in a proceeding to which they were parties.(2) A wife may also present a petition for the dissolution of her marriage by adecree of divorce on the ground-(i) in the case of any marriage solemnized before the commencement of this Act,that the husband had married again before the commencement or that any otherwife of the husband married before such commencement was alive at the time ofthe solemnization of the marriage of the petitioner:Provided that in either case the other wife is alive at the time of the presentation ofthe petition;(ii) that the husband has, since the solemnization of the marriage, been guilty ofrape, sodomy or bestiality; or(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,(78 of 1956), or in a proceeding under Section 125 of the Code of CriminalProcedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Codeof Criminal Procedure, (5 of 1898), a decree or order, as the case may be, hasbeen passed against the husband awarding maintenance to the wifenotwithstanding that she was living apart and that since the passing of such decreeor order, cohabitation between the parties has not been resumed for one year or upwards;or(iv) that her marriage (whether consummated or not) was solemnized before sheattained the age of fifteen years and she has repudiated the marriage afterattaining that age but before attaining the age of eighteen years.Explanation.- This clause applies whether the marriage was solemnized before orafter the commencement of the Marriage Law (Amendment) Act, 1976.13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under thisAct, on a petition for dissolution of marriage by a decree of divorce, except in sofar as the petition is founded on the grounds mentioned in clauses (ii), (vi) and(vii) of sub-section (1) of Section 13, the court may, if it considers it just so to dohaving regard to the circumstances of the case, pass instead a decree for judicialseparation.13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act apetition for dissolution of marriage by a decree of divorce may be presented to theDistrict Court by both the parties to a marriage together, whether such marriagewas solemnized before or after the commencement of the Marriage Laws(Amendment) Act, 1976, on the ground that they have been living separately for aperiod of one year or more, that they have not been able to live together and thatthey have mutually agreed that the marriage should be dissolved.(2) On the motion of both the parties made earlier than six months after the dateof the presentation of the petition referred to in sub-section (1) and not later thaneighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after makingsuch inquiry as it thinks fit, that a marriage has been solemnized and that theaverments in the petition are true, pass a decree of divorce declaring the marriageto be dissolved with effect from the date of the decree.
Q: Grandmother made a will in his name others asking their share too
Sir/ madam meri mother ki mother ne Will ki property mere nam ki ab mere bhai or mere massi ke ladake use property me part mang rahe hai par mere nani ka khayal mene rakha tha ab main kya karu.
Advocate Manesha Paatil answered
If the property comes to you by the way of WILL, then you are the only the claimant by testamentary succession.Still if you have any doubt or require any legal advice please contact through LawRato.Rules governing transfer of property through WillMaking a Will helps ensure one's property devolves as wished and the right heirs receive their fair shares. Under the Indian Succession Act 1925, a Will is a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death. After the death of a person, his property devolves in two ways - according to his Will i.e. testamentary, or according to the respective laws of succession, when no Will is made. In case an individual dies intestate (no Will is made), the laws of succession will apply.A Will is a legal declaration. Certain formalities must be complied with in order to make a valid Will. It must be signed and attested , as required by law. A Will is intended to dispose off property. There must be some property which is being given to others after the death of the testator. A Will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator . It has no effect during the lifetime of the testator.A testator can change his Will, at any time, in any manner he deems fit. Every person of sound mind, and not a minor, can make a Will. If a person is of unsound mind at the time of making a Will, the Will is not enforceable. A Will, obtained by force, coercion or undue influence , is a void Will as it takes away the free agency of the person. A Will, made under influence of intoxication or in such a state of body or mind, sufficient to take away free agency of the testator, is void. A Will can be made at any time in the life of a person. There is no restriction on how many times a Will can be made by a testator. However, only the last Will made before his death is enforceable. A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will.
Q: One of the joint owners forcing to sell the property
Sir, I have a flat in Mira Road which is in my name, father name and mother name. Now my brother is asking for his share as he wants to stay seperate. I am individually paying home loan and the loan is still on. He is forcing us to sell property and give his share. I said I will not be selling flat but may be in future when I will sell I will give your share. I have to look after parents, my wife and child and we have only this flat to stay As we three are joint flat owners , can he do anything legally Please advice
Advocate Manesha Paatil answered
Dear sir While purchasing the flat how down payment is made and from who’s account? whether your father and mother contributed the downpayment at the time of booking the flat?secondly who had applied for loan?Has taken loan is it jointly sanctioned considering your father and mother’s income or the loan is sanctioned on your name only?This has to clarify to give you perfect solution.kindly make it clear following points.>> From whoes account Booking was made?>>Who had applied for Home Loan?>>From whoes account EMI Cheque issued?>>Why Co-owners were added?All these queries has to be answered for getting perfect advice. Thanks
Frequently Asked Questions about Advocate Manesha Paatil
Can Advocate Manesha Paatil represent me in court?
Yes, Advocate Manesha Paatil can represent you in court. The lawyer is trained to present your case in the most effective way possible.
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Before your initial consultation with Advocate Manesha Paatil, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Manesha Paatil?
During your initial consultation with Advocate Manesha Paatil, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
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