Advocate Mauleen Marfatia

Questions Answered by Advocate Mauleen Marfatia

Q: After completion of emi plot not registere not done by devloper

A devlope run plot on emi scheme in 2005 after all emi over devloper register plot on our name but till date he is not informed us meanwhile we contacted devloper in his office by phone every time he told us he will inform us tomorrow with plot no & then forget so we contacted to customer foram through ngo & sent notice to devloper after that he told me cont to advocate for plot registration paper work , when we contacted to advocate he told us devloper not informed he please advice us

Advocate Mauleen Marfatia answered
sirit seems that the developer is trying to delay the entire process of officially transferring the plot in your name. A thorough legal notice by an advocate and further a complaint with the consumer forum as well as criminal complaint would ensure that the plot is registered in your name. please contact me for further course of action.

Q: Non-payment of salary, security deposit not returned, documents withhe

I worked for an organization in Surat and completed my assigned duties. However, my salary for the worked period has not been paid. The employer also collected a ₹57,500 security deposit which has not been returned. My original documents are still withheld. I was pressured to sign a “Full & Final Settlement” with verbal assurance that dues would be paid later, but no payment was made. Bank statements prove this. I request assistance to recover my salary, security deposit, and documents.

Advocate Mauleen Marfatia answered
Sir, the employer at the time of termination of an employee's service has to return the security deposit, pay the pending salary, original documents and all statutory benefits. If the employer does not return then legal action is maintainable against the employer.you may contacte for further course of action.

Q: Mutual Consent Divorce below 1 year

We are living separately since marriage. It's been 3 months but we have never lived together and there seems no future possibilities. Situation is affecting mental health of both parties. That's why we reached the conclusion for divorce. How to waive off 1 year period? How earliest we can get divorce?

Advocate Mauleen Marfatia answered
sir/madam,the 1 year period is mandatory, however of the parties have been living separately for 18 months than as per supreme court judgement, the 6 month cool off period can be waived by the family court and divorce can be granted immediately.

Q: Want to register Property on our name legally.

We have been living on land past over 2 decades ( it's a village) but the properties are not on our name and we want it to be registered on our name.

Advocate Mauleen Marfatia answered
Sir, whose name is shown in the land/revenue records? this query is very open ended. are you trying to establish adverse possession on the land? if so you can not get a title but only right to use the land. please contact and provide all details

Q: Joint account is valid in courts after the death of account holder

Joint account is valid in court after death of account holder

Advocate Mauleen Marfatia answered
The joint account holder can always access the bank account even when co-holder of account has passed away. however you will need to approach civil court and obtain succession certificate in case of joint demat account, mutual funds and other securities