Advocate Prerana R Saraf

Questions Answered by Advocate Prerana R Saraf

Q: I need a advice regarding Divorce proceedings

Sir/Madam, I am a 30year old married banker, I have married for nearly 2 years. My wife is from a different caste. Ours was a love cum arranged marriage. Issues started cropping up regarding too much financial expectation from me, she started harassing me hitting,biting and hurting me physically as well as mentally. She used to visit my place of work and harass me. Now we have been separated for a month. How can I proceed with divorce , should I send a legal notice first or apply directly for a divorce petition. Please guide me.

Advocate Prerana R Saraf answered
It is best to talk to her and file for a divorce with mutual consent which will take comparatively much lesser time to complete. On the other hand if you file for divorce individually and she contests the divorce, it would take years to resolve. So, I suggest both of you apply for mutual divorce. Please talk to a lawyer if you want to know the procedure in detail. Thank you,Prerana

Q: Can wife claim her share in property through judicial separation

I m a boy of unmarried 28 age.My family consists of 5 members .my father.mother .elder married sister. and younger unmarried sister.can my mother claim her share in my father property without divorce.beacuse my father refusing to give property share to children of his own. How shall we proceed?

Advocate Prerana R Saraf answered
If it is your father’s self acquired property, then he can choose to gift it to anyone he wants, including a person who is not his family member. However, the law would be different and the children and wife would be entitled to a share if the property is an ancestral property. Hence, please clarify if this is your father’s self acquired property or an ancestral property?

Q: NOC requirement for sale of property

Do I need to get an NOC from my children to sell a self acquired property registered in my spouce's name. I am Hindu

Advocate Prerana R Saraf answered
You do not need permission from children to sell a self acquired property. However, since you have registered the property in your spouse's name, your spouse will have to sell the property with you as the consenting witness in the agreement.

Q: Is marriage certificate mandatory to apply divorce

Me and my wife were separated for 5 years. For divorce do I need marriage certificate or marriage invitation and photo. I don't have marriage certificate. Marriage happened in a place different than mine residence. I have DL in residential address. My lawyer seems to be cheating and delaying the petition to be filed. He is asking marriage certificate. So pls let me know is it mandatory to have marriage certificate copy?

Advocate Prerana R Saraf answered
No, marriage certificate is not mandatory. In fact, as per Sec 8 (5) of the Hindu Marriage Act, 1955, not getting a marriage registered does not render it null and void. Hence, the petition for divorce can be filed without a marriage being registered as well.

Q: Procedure to remove name from property deed

Hi, I want to remove ny name from a joint property in bangalore. What’s the process to do the same? Is there a option where the title can be transferred to my husband without me being physically present in the city. How much time will the whole paperwork take and what will be the charges. Which documents will be required by the lawyer?

Advocate Prerana R Saraf answered
You may execute a gift or relinquishment deed for your share of the property in favour of your husband. Stamp duty and registration fees will be applicable. However, if you cannot be physically present for the registration of the fees, you may execute a Power of Attorney in favour of a family member who can then execute the gift deed in your absence.