Advocate Mukesh Vasant Shinde

Questions Answered by Advocate Mukesh Vasant Shinde (400+ answers)

Q: Right to Sell by Joint Owner after Other Owner's Demise

80 year old woman. (Late) husband and I - joint owners of house (Pune). I'm Christian/Husband was Hindu. Husband passed away (May,2023). Bequeathed his share to me, in his will (unregistered, but with basic requirements - 2 witnesses, doctor's certificate, etc.)We have 2 children (both in their 60s, settled abroad with their respective families for over 30 years). QS: Can I sell this property and relocate? Does the will first need a probate? Without probate, do I need NOC from children?

Advocate Mukesh Vasant Shinde answered
You have to apply for probate of the said WILL and then only you can sell the property. Or otherwise if do not press for WILL then Children have to release their undivided right in the said flat which devolve upon them after the death of your husbamd by a registered Release Deed in your favour.

Q: How to prove false allegations by husband in court for divorce on cruelty ?

My husband has sought divorce on basis of many false allegations - cruelty. Except a few things that I had confessed to earlier and always accepted, he was forcing me for mutual divorce without exchanging the belongings. I was ready to sign because I also want to divorce him because in fact his family has been cruel to me. I told him that you get the mutual draft made I will read it and then sign it because we both should get what is rightfully ours. Yesterday I received a notice from family court stating all false allegations by husband and the hearing date is 23rd. Kindly guide me.

Advocate Mukesh Vasant Shinde answered
Since your husband has filed a case for divorce on the ground of cruelty, whether you want divorce from him or not, you have to refute his allegations in court by filing written statement as a reply to his Petition. You may also ask for that which is rightfully your's from him through court and lead evidence in support of it.

Q: Can builder hold the possesion of a flat after one of co-owner death?

I booked underconstruction flat on my and my mother's name. But I lost my mother intestate. post that, i got release deed done from my brothers who are the legal heirs of the flat.Can builder hold the possesion of flat inspite of submitting the above document?All payment transactions to builder are done from my account

Advocate Mukesh Vasant Shinde answered
If the builder is not handing over possession then it could be that Builder may want you to provide him with heirship certificate or succession certificate of your mother received from court so that he will be sure about the legal heirs of your mother.

Q: For step father to adopt minor child

Hello,I am divorced and have complete custody of my 4 and half year old child. I have remarried and my.husband would like to legally adopt my child. I wanted to know about the process and how long would it take legally for the step father to adopt my biological child. I also have an NOC from the child's biological father, stating that he willingly agrees the adoption. Thanks Regards

Advocate Mukesh Vasant Shinde answered
There are provisions in the Hindu personal law about adoption of the child and also it is clearly mentioned as to in which case of adoption permission of court is required. If you are Hindu then those provisions can be applicable in your case and with appropriate procedure and documentation your child can be adopted by his step Father with the consent of child's biological father.

Q: Sale of Jointly Owned Home by Couple, with Minor and Adult Children

I'm the wife of a recently deceased husband, and I'm looking to sell our jointly-owned home immediately, as the banks are pursuing us for outstanding payments. We have two sons, aged 21 and 13. Would a release deed suffice, or is a succession certificate necessary for the minor? We don't have the time or money to go through a lengthy court process for the latter. The chairman of our housing society is insisting on a succession certificate, but obtaining one could take at least a year.

Advocate Mukesh Vasant Shinde answered
For selling property as well you will need succession or heirship certificate other wise the purchaser's bank will not approve his /her home loan. And it takes only 3 to 4 months to get it from court except High court. So it is better that you get the heirship certificate without property to save on court fee stamp.