Advocate Mauleen Marfatia

Questions Answered by Advocate Mauleen Marfatia

Q: Right of step son in property of step mom inherited from her father

My stepmother has purchased some landed properties on the name of her father from the money of my deceased father. She is getting 10 portion after the death of her father. Whether being a step son am I entitled to get a legal share from the property. what is the law about property wright of step son and mom ?

Advocate Mauleen Marfatia answered
Sir normally you would have a right to a share in the property but you should take proper legal advice in person so that the relevant documents can be examined and the mutation in respect of the land can be checked properly.

Q: Builder not handing over society to members

Since 4 years builder not handing over society to members after repeatedly request. We sent notice also, but no reply. What urgent action can be taken if builder not handing over society?

Advocate Mauleen Marfatia answered
Dear sirYou shall have to file a consumer complaint against the builder.You may also file a criminal complaint with the police. In case the police doest not take your complaint then a private complaint can be filed before the magistrate or directions can be sought from the high court. It would be be better to discuss more in person so that all details can be shared and a detailed discussion can take place.

Q: What should I do if I am unable to pay the maintenance? What if the husband is unable to pay mainten

I am jobless, and before the judgment to pay maintenance to my wife of Rs. 11,000/- per month, I was unable to pay it. To date, I have not received any job of that kind. I only received a temporary job of 3-4 months, paying me around Rs. 6,000/- per month. My wife has filed a petition for not receiving maintenance. I was not present at the court hearing, and the court has issued an NBW against me. I changed my residence, and many warrants were sent to my parents, which they returned. Now, the family court has ordered a punishment of around 4 years. What should I do if the husband is unable to pay maintenance?

Advocate Mauleen Marfatia answered
If you are not able to pay maintenance as per the order of the court, than you should file an application before the court seeking time to pay maintainance.If you are unable to pay because the amount is more than your income then you can appeal the order passed by the court.

Q: What is the procedure to cancel the marriage registration? Specifically, how to cancel marriage regi

In 2012, I had an engagement and registered my marriage to apply for my wife's visa, but according to Hindu marriage customs, we are not actually married in a temple. After six months, the relationship broke down. As an NRI living in Dubai and the girl residing in Gujarat, it has been five years, and she is now demanding a huge sum of money and is not agreeing to a divorce. Can someone guide me on how to cancel marriage registration online, and what is the process to cancel marriage registration in India?

Advocate Mauleen Marfatia answered
Dear sirThe appropriate remedy available to you is to apply for divorce. Agreed that your marriage was not solemnised as per the rights and rituals yet you ad your wife did enter into a registered marriage. You may contact me for further guidance.

Q: What to do i am unable to pay the maintenance

I am jobless before the judgement came to pay maintenance to wife Rs. 11000/- P.M. So I was unable to pay it. Till date I have not received any job of that kind. But received temporary job of 3-4 months which pay me around Rs. 6000/- per month. Wife has file petition of not receiving maintenance. I was not present to court hearing. Court has issued NBW against me. I change my residence. Many warrant came to my parents and they returned. Now family court has made order of punishment of around 4 years. WHAT COULD I DO ?

Advocate Mauleen Marfatia answered
If you are not able to pay maintenance as per the order of the court, than you should file an application before the court seeking time to pay maintainance.If you are unable to pay because the amount is more than your income then you can appeal the order passed by the court.