Advocate Riddhi Shah

Questions Answered by Advocate Riddhi Shah

Q: Child maintenance denied by court

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?

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

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

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: Does new will revokes old will if first will was registered

Please let me know the following (1) if a person has a will which has been registered earlier and later after 3 year he prepares a new will in which he revokes all his previous wills and has notarized same which will would be considered as valid?(2) Can a person transfer all his property to his children rather than his surviving legal wife without her concern/knowledge? Can the wife challenge such will as she has give her 50 years for the same family? (3) Incase if in the will the person has transferred his property to first and second children out of 3 children can the 3rd child challenge

Advocate Riddhi Shah answered
1. Yes legally speaking new Will prevails. 2 & 3. A person can give away his self acquired property to anyone he wants. A wife or any legal heir can challenge validity legality of the will saying it's executed by fraud, force or any other reasons can be mentioned as per the facts if the case.

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

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'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's any property when i dont hv marriage certificate... i just want a peaceful and respectful life...

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..

Q: Can I rent a residential flat for commercial purpose

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.

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