Advocate Roopa Daxini

Questions Answered by Advocate Roopa Daxini

Q: Legality of re-marriage without getting divorce under Muslim law

hi I want to know what is india law for muslim man who wants to do second marriage with out giving divorce to first wife. Is second marriage is Illegal in india for muslim man ? Please reply

Advocate Roopa Daxini answered
Second wife.is.allowed in.muslim but subject to consent from first wife for.second marriageThe second marriage can be also on ground that first wife is not keep good.health and able to fulfil all obligation needed in marriage and first wife is not able to.goce birth to childAnd on this ground Muslim.man should get consent from his first wife and then only he can marry second time without divorce

Q: Procedure to claim share in ancestral property as per muslim law

My father is alive and his father my grandfather is expired. My grand father property is transferred to my father. Now can i claim any right in property from my father property when he is alive or in my grand father property which transferred . Pls. answer by Muslim law.

Advocate Roopa Daxini answered
As per law and natural call you cannot and should claim right in the property when your father is aliveThough he has inherited from his share from property left behind by your grandfather In any personal law no right is created in name of grand son or daughter nor u can claimYou can request for partition of properties your father has including herited from.yur grand father as per mohammand law and if your father wish so he wil do it

Q: Is succession certificate really necessary to transfer the property

There are 2 flats and a shop in Navi Mumbai. Their is a dispute among the 4 legal heirs and a settlement hasn't been agreed.The Muslim law of sucession is applied in this case.What is the procedure to transfer the property? The advocates here have suggested for a succession certificate from a district court, but the partion as per muslim law isn't considered. Is succession certificate really necessary to transfer the property?

Advocate Roopa Daxini answered
Even though you are governed by your personal law and partition is as per your personal law I.e. mohammand law then to you have obtaine succession going to court with ground that as per mohammand law the partition is done and succession should be obtained accordingly.

Q: Whether NOC from other siblings required in case of Gift Deed

My father wants to transfer his own flat to me.,in case of gift deed wether noc require from society and other siblings.my society is asking me 25000.for gift deed Transfer fee.

Advocate Roopa Daxini answered
In law the noc for siblings is required when if property is gifted to u by parents and also from societyAs per law when the property is sold or gifted and need to registered u have obtained noc from society and if society by law says the membership fee is required to be taken from new holder of flat the it is to be paid or else no

Q: In Muslim Law, Notarized Divorce Is Valid Document ?

My friend got married in Feb 2017 and wants to take a divorce mutually with his wife. Both are muslims. He was advised to get an agreement notarized in front of 2 witnesses. Is this document valid legally? Can this notarized document on rs. 100 stamp paper be used for re-marrying under special marriage act ? Most places I read say that notarized agreement isnt valid legal document but a lawyer suggested that it is. Can someone help to clear the confusion?

Advocate Roopa Daxini answered
No. It is not valid one. In Muslim law I need to get divorced by saying tapas for three time in three months and it has to said in front of Kazi and two or three witnesses and follow the idat period by both parties and thereafter lazy issue talaq nama. Which is valid in eyes of law. Then only both can marry again to another persons