Advocate Rahul Ramesh Joshi

Questions Answered by Advocate Rahul Ramesh Joshi (25+ answers)

Q: Domestic violence case - Need Advice

Muslim Marriage-It's been six years since my sister got married, and her husband and mother-in-law have been consistently abusive towards her. She has one son, and the situation is spiraling out of control. She’s a teacher at a school, but they take all the money she earns. Her husband always sides with his mother and humiliates her. I’m considering filing a domestic violence case against him, but I’m not sure if it's the right step. I don’t have much support to hire a lawyer do I even need one?

Advocate Rahul Ramesh Joshi answered
yes, definitely you need a lawyer. but you cannot afford the one then as per guidelines given by the honorable supreme court, you can apply to the free legal services available at each taluka then they will provide your lawyer free of cost.and the situation of your sister, you can definitely file domestic violen case against her husband and her mother.

Q: Can we sell our within one year of being a member of society?

The house was originally purchased by my FIL in 1972, who passed away intestate in 1989, leaving behind three legal heirs i.e. my MIL, my husband and his sister (both minors). MIL became the subsequent owner (through a court affidavit). In 2018, my SIL and MIL, both transferred their shares to my husband. He changed his name in society records & share certificate in Jan 2025 & wants to sell it. Society is invoking sec 29 (2) of MSC, 1960 i.e.1 year membershipbefore he can sell & not signing NOC

Advocate Rahul Ramesh Joshi answered
yes you can sell the property . intending purchaser to get a membership certificate or share certificate from the society. As per rules made by the society, if you are not a member for a year society will not a lot of share certificate to the intending purchase. But your father in law and his joint family are the members of the society since the day of purchase. Then as per legal rights of the legal hair of the disease, you don't need to have wait for a one year membership

Q: brothers exchange identical from same village plots .

two adjucent, identical plots are in the name of two brothers. they want to exchange it for their convienince is it possible without paying stamp duty.

Advocate Rahul Ramesh Joshi answered
yes it is possible. for that purpose two brothers must be the real brothers of each other then and then only you can exchange your properties or plots without paying stamp duty to the government .

Q: Hindu law Mutual divorce in district court is in process. Have filed consent terms, conversion to mu

Hindu law Mutual divorce in district court is in process. Have filed consent terms, conversion to mutual divorce application. Got partial one time alimonyI have filed DV case in JMFC. Withdrawing DV is one of the condition in consent termMy question is - nWnill I get last month's interim maintenance passed in DV interim order after getting partial one time alimony.

Advocate Rahul Ramesh Joshi answered
no you will not get... but if your husband is consented to give you alimony then and then only it will be possible unless it's not possible.,... because the question of monthly alimony will not have legal force when you accepted one time settlement

Q: I sale property with sale deed in may 2022 with mud house to buyer in 8 lakh(as per property value r

I sale property with sale deed in may 2022 with mud house to buyer in 8 lakh(as per property value record 5.35 lakh land value) . But buyer shows it's value in value report 34 lakh and paid stamp duty of 34 lakh as he showing RC CONSTRUCTION property. But there is no Rc construction till date. I have photo copy of property for evidence. In deed also mentioned property is only MUD HOUSE. Can I cancel this sale deed registration without court case as buyer also agree to cancel and ready to do new agreement. nnIn which condition our stamp duty will refund by government in rectification(34 lakh to 8 lakh as new property valuation report will be added in rectification deed) or cancel sale deed. nnCancel deed stamp fees chargable in Maharashtra Or without new stamp duty fees we can register on normal stamp register cancel deed. nnAll this I want to do before march 2023 because as per Income tax payment taken below stamp duty value( 34 lakh -8 lakh) penalty to both buyer and seller.

Advocate Rahul Ramesh Joshi answered
yes we can cancel the sale deed without going into the court by executing cancellation of deed .... but you will not get a stamp duty refund .and you parties can cancel any deed within 3 years of execution