Advocate Ruhi Ahire Shukla

Questions Answered by Advocate Ruhi Ahire Shukla

Q: How to remove mother in law's name from co-ownership of flat

Hi My Husband owns a joined flat with my mother in law. The loan has been paid off completely by my Husband and we have received the documents from the bank. Pls advise the process required to delete my Mother in law’s name as the co-owner from the agreement. What would be the approx charges required? Also at the same time, can my name be added simultaneously while deleting hers. She is willing to sign the no objection documents. Pls advise.

Advocate Ruhi Ahire Shukla answered
Dear Ma'm,A gift deed will have to be executed between your mother in law and you wherein she will be gifting her share in the property to you. So that her ownership will be lawfully bequeathed on your name.The stamp duty at the rate of 1% will have to be paid on the 50% amount of the property value as per current reckoner rate.

Q: Appeal is 90 days from date of decision or receipt of hard copy ?

We had applied for mutual divorce at the family court in Bandra in Mumbai on January 2017 and the decision was given on September 2017 as "Uncontested--CONSENT". However, due to some misunderstanding between us and the lawyer, none of us had applied for a copy of the judgement. Once we realised the mistake, we applied for the copy on November 2017 which we got on January 2018. Now, I have been reading that the time for an appeal (for Hindu Marriage) is 90 days but it does not say from when. I would have assumed that it was from the date the decision was given (September 2017), however looking at this thread, I'm no longer sure. Can someone please tell me whether the period of appeal is 90 days from when the decision is given (September 2017) or from when the copy of judgement is received (January 2018)?

Advocate Ruhi Ahire Shukla answered
Dear Sir/Madam,The limitation of 90 days is from the date of the order wherein the days since the application for copy was made till the copy was received may be omitted. Hence in your case september 2017 to november 2017 would be counted in those 90 days period and the days from november 2017 till the day you received the copy may be omitted.As far as my understanding goes you still may have a few days to file the appeal. Kindly revert with exact dates so that we can be in a better position to calculate the days.