Advocate Rasheed Salim Shamsi

Questions Answered by Advocate Rasheed Salim Shamsi

Q: Gifting a property to son by father without will

Can a father gift immovable property to his son without will

Advocate Rasheed Salim Shamsi answered
yes, father can executed a gift in favour of his son without executed will. In Muslim law Oral gift is also admitted in law, There are three conditions fulfill, first is declaration by the donor. Second is acceptance by the donee. Third is delivery of possession. All three conditions fulfilled then gift is completed.

Q: RegisterLease agreement termination before completion of lease period

My grandmother had made a registered lease agreement 10 yrs back. And tenant had made all terms and conditions in his own favour. Current rent is also very less as per market value. Now i also need some space for my own business. How can we terminated that registered lease now.

Advocate Rasheed Salim Shamsi answered
you have not disclosed the terms and conditions and not disclosed the period of lease whether the property in question lies under rent control Act or not . You can terminate the tenancy under section 106 Transfer of Property Act and you can file a case to take possession of the property in question from the competent court of law.

Q: I'm gpa holder of a temple property . And I want to sell it

I am a GPA holder of a temple property from 1998. And now I am wanting to sell it. Cause. My tenants are misusing the property

Advocate Rasheed Salim Shamsi answered
you are a general power of attorney holder of Temple you are a trustee no you have no power to sell out the Temple property you are only a Trustee without the permission of the court you cannot sell out the Temple property

Q: Regarding divorce .my wife is already married to someone and now

My wife is already married to someone which i came to know after 7 years of marriage.i filed null and void case to her...she also doest behave well with me and have releation with other person also ..i dont have proof of her marriage...in divorce case she replied that she is married but at time of marriage she is 17.6yrs ..she told during marriage police came and stopped her marroage which is fake statement as she was not 18...her husband also filed a case this year only of 494 ..he doesnt have photographs but have marriage card..what to do now...

Advocate Rasheed Salim Shamsi answered
In Hindu Law the second marriage is void marriage and your wife is admitted I had already married the admission is the best evidence. Hence there is no need to prove it j udgement of Supreme Court there is valid marriage after 16 year and your wife admitted she was 17. 5.

Q: Name change and spellings problems.

I am a 37 year old person from Delhi NCR.My mother is 56 years old. Her real name is *PANVESRI DEVI* *पनवेसरी देवी.*But in 1995 in voter card it became *PARAMESHVARI* परमेश्वरी.Before 1995 she didn't have any ID proof. We don't have any proof of this name. Only in my educational documents real name *PANVESRI DEVI* is mentioned.So after 1995 my brother and sister got this new *परमेश्वरी* name in their educational record But with different spelling *PARMESHWARI*.Till 9th they have hindi spelling *(परमेश्वरी)* and in 10th class and above English spelling *( PARMESHWARI)*in aadhar card because of aadhar person's mistake it became *PARMESWARI DEVI**परमेस्वरी देवी*.Now what can I do?I Have mentioned exact information and exact spellings.Please suggest solution.Please ignore * symbol.

Advocate Rasheed Salim Shamsi answered
There is a provision to correct and changed the name and spelling by way of Publication in two newspapers one newspaper should be aNational newspaper and other is local newspaper. There will be problems in NCR where have out of NCR list spelling and incorrec incorrect names of father and mother and the spelling mistake is a very wide and blunder