Advocate Narendra Ramnani

Questions Answered by Advocate Narendra Ramnani

Q: If two brothers share a property, can one brother sell his share with an NOC? Specifically, can I se

In a will, it is stated that two brothers share one property. Now, for the sale, one brother is ready to give an NOC and does not want anything. Can the other brother sell the property alone by obtaining the NOC? Is any stamp duty required? Can I sell my share in property between me and my brother, and can I sell my property to my brother? What is the process for this?

Advocate Narendra Ramnani answered
for transferring the joint property both the parties will have to remain present before the registrar. in case one is not able to remain present, he can give power of attorney to another co-owner so as to sell the property and execute sale deed

Q: Wife staying with her parents last 7 years

My wife staying with her parents last 7 years not ready to return. What I have to do/take any legal action ?

Advocate Narendra Ramnani answered
you have two options on the given situation. one is you can file petition for restitution of conjugal rights to bring her back and another option is to file a petition for divorce on the ground of desertion since she has left the house for quite long time. it is for you to decide what you want to do

Q: My wife is demading very high alimony despite earning a good amount

My wife is in school and earning more than 40,000/- a month. She is asking for a flat and 30 lacs in cash. She also mentioned that she is leaving her job and will ask for maintenance in court. What shall I do is the biggest question as our case is in court since a year and I don't know how long it will go one. Can someone give me an opinion. My business is sinking and I dont' have such a huge amount for alimony.

Advocate Narendra Ramnani answered
you need to prove her income in the court and court may not grant any alimony depending on your income. if she is earning sufficiently she may not get the alimony. it all depends on the reason of her leaving home and income of husband, number of dependents on the husband etc. all the facts are taken into consideration by the court while passing order of maintenance. what she demands is not the only point of consideration for the court. so you have to defend the case in proper manner

Q: Divorce decree after 4 years and mutual seperation thorugh notarized.

I was married in may 2016 and she left me in july 2016. after meeting with our social leaders we decided to seperate in sept 2016 and we created a notarized faargati lekh(100 inr stamp paper). She married another person a year back and i am planning to apply for canada permanent residency for which i need a divorce decree. now the lawyer who created the stamp paper is telling me that divorce decree needs to be claim in first three years and now it is very hard to get it. i am in dilemma now as he is also telling me that i cannot remarry without getting the order from the court and she remarried which will create problems for her. the faargati lekh that he created clearly states that we are free to marry other people and if anybody needs a court order he/she can get it from court and other person has to help the first party. i am not sure as how should i get the divorce certificate needed to prove my marital status for my canada PR. Please help me.

Advocate Narendra Ramnani answered
divorce agreement on a stamp paper is not valid under the law. you need to get a decree from the family court. if you both mutually agree it can be consent petition and it may take maximum 6 months or in case if your ex spouse does not agree you have to file petition against other party for getting a decree from the family court

Q: online mutual divorce ( how much time does it takes to get separated ₹

can someone please tell me that how much time does it to get divorce successfully as the type of the divorce is mutual consent as i have filled the petition how much time does online hearing takes.

Advocate Narendra Ramnani answered
petition under section 13 B can take maximum 6 months period. if separation period is more than 1 year, 6 months period can be waived by the court on application for waiver and in that case divorce can be granted by the court within 1 month or even lesser period depending on the judge.