Advocate Nancy Tavaria Siodia

Questions Answered by Advocate Nancy Tavaria Siodia

Q: Transfer of tenancy after the death of parents

Two brothers are living in the same rented premises. Father-mother died. Who will be legally eligible to get the tenancy transferred in his name? Will the other brother be evicted from the house as he is harassing the others?

Advocate Nancy Tavaria Siodia answered
Hi client, after the death of parents it can be transferred on your or your brothers name based on seniority of age. However, you both have equal rights to stay in your parents home and cannot be thrown out for any reason. The will made by parents can also state who can inherit the property. Also have a look at the agreement made by your parents. Even if they would own the flat in building, they would be obligied to pay rent to the landlord/society anyways which even after their death as you both are legally staying there are bound to. If your parents have made will which states the flat to be transferred on of your names, that doesnot give your brother the right to throw you out of the premises.

Q: Husband demands wife to leave job & settle down in village

When i was ill, my husband dropped me to my father's home , told me that i will take you back to home when you feel better. The next day he shifted the room and went to village without informing me and he gave me reason that his parents are not well so he suddenly took that decision. Now he is telling me that i have to leave the job and settle down to village. But i dont want to leave my job . And i dont want to settle down over there. Because there i cant find the job which suitable for my profession. By religion i am Buddhist.

Advocate Nancy Tavaria Siodia answered
Hi client, whether you are a Sikh or a Buddhist, you will fall under the Hindu Marriage Act, 1955. The Hindu Marriage Act ,1955 defines the legal status of Jains, Buddhists and Sikhs as legal Hindus but not "Hindus by religion". However, under this act, the wife's duty to stay in her husbands home and under one roof is an obligation. You both can decide at one place and come out with a solution for your profession and working. Your husband can file a divorce case under dessertion if you stay away from your husband for a longer time. It will amount to a violation of legal duty. This provides for an immediate remedy where either of the spouses falters in his or her obligation to provide the society and sustenance to the other. Indeed, the obligation to live, together under a common roof is inherent in the concept of a Hindu marriage, and, to mind, it cannot be torn as under unilaterally by the desire of the wife to live separately and away from the matrimonial home merely for the reason of either securing or holding a job elsewhere. If you have a child born out of your wedlock, your husband cannot get exemption for not maintaining you and children. This legal obligation on the part of the wife is not without its co-related right. The husband in Hindu Law is obliged to maintain his wife during her life-time and equally is under heavy obligations to sustain the minor children from the wedlock, the unmarried daughters till their marriage.

Q: Municipal corporation has reservation over land want to sell it

HI, I have a plot of land in pcmc moshi area. The land plot is showing under reservation for development purposes by the municiapl corporation. I want to sell it but I cant find suitable price. How can I go about this?

Advocate Nancy Tavaria Siodia answered
Hi client, you need to contact the Municipal Corporation for same and find out whether your plot of land area can be sold or not, and as for the price, you need to contact an agent or go online, and register to Magicbricks, 99acres etc fro a better deal.

Q: Payment asked by upper flat owner to remove leakage in flat

hello sir/ madam I'm living in navi Mumbai I have a leakage problem in my flat from last 6 year. many times I complained to society & owner of above flat about this. now she is ready to do . is it compulsory to pay her 50% for doing that work? please reply asap thanking you

Advocate Nancy Tavaria Siodia answered
Hi Client, its strange such problems exists and the flat owners where leakage exists are not feeling responsible enough to do anything to it. It is the duty of society to resolve the issue and is bound to ask the upper floor resident / member to co-operative in getting it repaired. Then the society is to give notice to both the members and engage a professional contractor to repair the toilet and recover the cost of the repairs from upper flat owner. However if still no action is taken by the society and the issue is being ignored, you can take up this matter before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum by filing a complaint.

Q: Landlord filed eviction case on tenant

Full Floor under one tenant has been sub divided into 3 parts by old landlord and 3 different rent receipts.middle flat passage 2 walls erected on either sides so that it can divided into 3 parts .its on rs10/-stamp paper but notary not done.new landlord claims it to be unauthorised .Who is right??? Can BMC break the walls ???

Advocate Nancy Tavaria Siodia answered
An unregistered document/deed, it is not valid in the eyes of law. For those documents where notarization is mandatory, lack of it can lead to the document being declared legally unenforceable or invalid. If you do not notarize your documents, you are robbing it of a layer of authenticity which could potentially get your document rejected in court cases or similar scenarios. Notary is important for any document to be legalised and stamped for the purpose.