Advocate Mukesh Vasant Shinde

Questions Answered by Advocate Mukesh Vasant Shinde

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.

Q: Bail rejected by session court

Hi,My cousin brother was arrested during his wife's pregnancy because he was unaware that she was a minor at the time of their marriage. When she showed her Aadhar card to the government hospital doctors, they contacted the police for investigation. Due to his lack of knowledge, he admitted that she was a minor, which led to an FIR being filed against him under POCSO. His wife, who is a minor, also stated that the marriage occurred with her and her mother's consent. He has been in central jail

Advocate Mukesh Vasant Shinde answered
After rejection of bail by sessions court, your cousin brother can file for bail in High court or after few days again in the sessions court. Change in circumstances like filing of chargesheet etc. can be a ground for filing second bail application in sessions court.

Q: What is the procedure to transfer of property from wife to husband in india ?

Can wife transfer property to husband ?,What is the procedure of transferring a property to husband name? If wife is the first owner of the house and also co-applicant in the bank. Q1. How can wife name be removed from co applicant in the bank and property both? Q2. Is it possible through GPA if wife is not available physically.

Advocate Mukesh Vasant Shinde answered
Wife can transfer her share to Husbands name by gift deed which has to be registered with concerned sub-registrar of assurances by paying applicable stamp duty and registration charges. Gift deed can be register with registered Power of Attorney of wife.

Q: What is the procedure for changing the name in flat ownership documents? Specifically, how to change

I have a flat in Pune that is jointly owned by my son and me. I included my son's name for a loan, as I was 53 years old at the time and the bank would not provide a loan in my name alone. I have made all the payments from my account, while my son has not contributed. Now, I want to include my wife's name in the deed and remove my son's name. My son is willing to sign any legal documents for his mother. How can I change the name in the flat agreement, and how can I transfer ownership of the flat?

Advocate Mukesh Vasant Shinde answered
As per the facts narrated by you, your son is co-owner in the said flat in Pune with you. If you want to take out his name from the said flat, you should get Gift deed executed and registered by your son in your wife's name so that you and your wife will become co-owners. And for the said Gift deed, registration and Stamp duty expenses are nominal.