Advocate Riddhi Shah

Questions Answered by Advocate Riddhi Shah

Q: Child maintenance denied by court

<p>Since I am a working mother and earn more than my husband the court denied my maintenance plee for my daughter when I requested for the same during my divorce proceedings. Is this judgement valid?</p>

Advocate Riddhi Shah answered
No can't be...father is required to contribute for the child...the order can be challenged validly and the lower court has erred...the father can not be absolutely absolved from duty of maintaining the child...

Q: Property brought in mother's name want to transfer it in my name

<p>I have commercial property which I bought it on my mothers name at the time of buying now i want that property again on my name legally,what is the best way to transfer so in future i will not have any problems from my brothers or relative</p>

Advocate Riddhi Shah answered
Gift Deed or Release Deed could be made. Once made can not be revoked by the Donor even in his/her lifetime. You can get regular transfer deed also made and registered but it will attract higher stamp duty and charges. Also, get the gift deed stamped and duly registered.

Q: Do BMC have quarters reserved with them in private establishment

I am planning to buy a property in Mumbai through an agent. Is it a private development but the agent is telling me that there are certain quarters available under BMC which he can get it reserved for on my name by paying an extra of 4 lacs. Is this true?

Advocate Riddhi Shah answered
Can't be...you ate not bmc employee and so it's not possible. ..for whom and which designation the quarters are available, got. Policy and decision on it are required to be considered anf apparently it can't be sold..

Q: Can I rent a residential flat for commercial purpose

<p>While renting out my RESIDENTIAL FLAT, can I rent it out for commercial purposes? If so, does the lease agreement have to state that the property is being rented out for commercial purposes? There is no Society in our building and no such by-laws of the society, placing any restrictions whatsoever.</p>

Advocate Riddhi Shah answered
Legally you can't let it for commercial purposes. ..practically if no society is there and no one is there to take objection you can take risk but bmc can take action on its own...also mention aything in lease won't serve any purpose as essentially the property is residential so without change of user can't be used for commercia purposes

Q: In laws harassing me even after husband's death

<p>I am a young widower whose husband died due to heart stroke... though it was love marriage i was always harassed for dowry mentally as we as physically.. now tht my husband is no more and i am living with my parents still my in law&#39;s are trying to harass me by filling a case against me.. many times they hv said in public tht how am i liable to claim for my husband&#39;s any property when i dont hv marriage certificate... i just want a peaceful and respectful life...</p>

Advocate Riddhi Shah answered
There is no such mandatory requirement that you should.have marriage certificate. ..you can claim rights in husbands property and can file case against your in laws for mental harassment and torture under domestic violence act and other laws. Also you can go for stay on sale of property before they dispose it off without giving your share..