Advocate Praneeta Sharma

Questions Answered by Advocate Praneeta Sharma

Q: Validity of foreign judgement passed in UK

I'm an India national currently reside in the UK. My wife and 6-year old daughter lives along with me in the UK too. Our permanent home is in Noida. I have currently filed a divorce petition in the UK (yet to be served). My question is related to the child custody. If my wife decide to leave UK after the petition has been served. Can she seek legal help in the India to forcibly repatriate my daughter from the UK? To note, my wife is currently unemployed and has mental illness is being treated in the UK currently. Religion: Hindu

Advocate Praneeta Sharma answered
If your marriage was solemnised in India then the foreign divorce decree will be given finality here. She will have rights to institute the case in India for child custody and age and nationality of the child may be taken into consideration amongst other factors when deciding the matter

Q: Cancellation of registration certificate of marriage at Arya samaj

Dear Sir/Madam, I got married to  on 4 April 2016 at Arya Samaj Mandir Trust and registered the same marriage on 13 April 2016 and received the marriage certificate then attested with MEA Delhi. With this marriage certificate I applied for Italy Visa for my wife which is now rejected by the Italian Embassy of Delhi and the reason they gave that the place where our marriage was solemnized i.e. Arya Samaj Mandir Trust, is not a temple but a trust duly it is invalid and according to that my marriage certificate is also invalid. Is there any provision that I can cancel the registration of my marriage certificate without divorce, so we can marry again and register that marriage as per the requirement of Italian Embassy? Or what can we do, any suggestion? Thank you

Advocate Praneeta Sharma answered
The marriage can be registered at the Local Family Court by producing evidence of the marriage. You can apply for marriage registration and the certificate will be valid for the purpose of the visa. The certificate per say cannot be cancelled or annulled. Should you wish to remarry then you need to go through the Divorce procedure.

Q: Sale of jointly owned property

Me and my mother has a joint property   which is a power of attorney property. My mother is selling her share to me, What kind of documentation I need to put in place for this deal to be legally transferred to me?

Advocate Praneeta Sharma answered
As a co owner you can purchase your share from the other co owner. Transfer of share can be done as a gift also or through a will. Transactional document should be drawn and verified by a lawyer. Prior to the sale consult a lawyer to Check shares of any other successors that may need to be relinquished.

Q: Can transfer of property be made without the consent of entire family

My father purchased a land in my grand father name. Can my father transfer the registered sale deed in my mother name with out concent of my uncles.

Advocate Praneeta Sharma answered
As the property was purchased in the name of your Grand father, it is his asset to dispose. Assuming this is being transferred after his demise and he died without leaving a will then all legal heirs of the grandfather must consent to sale or transfer of the property or alienation of the property. If the Grandfather has left a will then the property must be dealt in accordance to the provisions of the Will.

Q: Can wife transfer property through will which is in husband's name

A know a family..my friend.. His father passed away recently.. And now his elder brother wants his mother to make a will on his father's property..can she make a will of her husband..without her son's singnatures..and can the will be changed again if needed??

Advocate Praneeta Sharma answered
If the father had died Intestate then the mother may not be the sole owner of the father's property if there are other legal heirs. The property will devolve as per succession laws. The will be valid for mothers share or if made for full property then will be valid only after other heirs have relinquished their rights in the property