Advocate Saifuddin Saifee

Questions Answered by Advocate Saifuddin Saifee

Q: Pehle se tree ke niche sthapit murti par mandir nirman rokna

Ek tree k niche murti sthapit hai lekin wo govt land par hai aur uspar mandir nirman ko kaise rok sakte hain? Kyu ki mandir par loud speaker bajate hai aur hume pareshan karte h log

Advocate Saifuddin Saifee answered
If it's unauthorized constructionYou can approach civil court and ask for injunction, can approach to local authority who looks after building permissions,can complaint on CM helpline.Illegal construction is illegal may it be temple or mosque, it should be proposed in a group or through the society.

Q: Hi, my sister's husband is died and he got married twice. He got divorced from first wife. Now the f

Hi, my sister's husband is died and he got married twice. He got divorced from first wife. Now the first wife is claiming the pension and property of my sister's husband. Please let me know if she has legal rights to claim the property and pension from my sister's husband who died recently.

Advocate Saifuddin Saifee answered
On the basis of the above mentioned facts we are of the opinion that your sister is true legal hier of her husband and divorced wife has no rights in the property of her exhusband. All we need is the divorce deed executed between them. if you have such divorce deed you may consult us with the same because we need to see was it a valid divorce and was the second marrige valid as per the laws ?

Q: PROPERTY REGISTRATION AFTER 30 YRS OF POSSESION

Below is the scenario being faced with one of my friends-My father bought a plot in the name of my mother. An agreement was done with full payment The plot could not be registered then. My parents built a house on the plot. The house was ready by 1989. My father passed away in 1991. We shifted in it and residing there since 1989. Still the property is not registered.We need consultation on below points-1. Is it still necessary to get the property registered as we are staying for 30 years now.? We are paying property taxes, electricity bills, telephone bills. Till now no one has done any claim on the house or plot.2. How to get it registered? What is the correct process? Do we need to get the plot registered or the house?

Advocate Saifuddin Saifee answered
On the basis of fact narrated above we are of the opinion that registration is essential for the legal rights in the property and further dealing in the property, your mother can ask the seller to register the property in her name or if not possible then she can file a civil suit for specific performance of contract.Other proof of continuence residence will be helpful in court proceeding. Also while filling the suite for specific performance you shall claim title on the basis of adverse possession as you have proof of undisturbed residence of more than 12 years.

Q: Partition Disputes Among Brother And Sister,but Mother Dont Want Parti

Legal Question :we are two brother and two sister all are married,my father purchased a house from madhyapradesh housing board  he was nominate my mother in the sales deed,my father was died may 2012,after that property is transfer in my mother name(mutation)Namantran,now from last ten years my mother is residing with me and my elder brother is residing in other states and never help any financial support  to my mother,my brother now wants partition and sisters also,sisters planning to take share from my mother and give it to my elder brother,my mother dont want partition,tell me sir what are the rights of my mother,my problem is  i am not earning much,after partition, i cant afford a new house and my mother is bedridden (Hindu Law )

Advocate Saifuddin Saifee answered
On the basis of facts narrated above we are of the opinion that since now your mother is the sole owner of the property she can aligned the property as per her wish to any of her son or daughters through will. else after her property will be equally divided in all the LRs.

Q: how guarantor can get rid his property

my relatives hade taken loan from BOB and that time we were guarantor for him, they are not paye of loan amount and then bank nillam his property, during nilami (sold 1 property out of 3), bank recover only principal amount but stills Interest are not recover, now bank have 2 leftover property 1 is loan Holder & second property is guarantor property. how can guarantor leave his property please suggest

Advocate Saifuddin Saifee answered
On the basis of your above narrated facts I am of the opinion that bank will first setoff its loans from the properties of borrower, then if amount is not settled and your property is collateral mortgage then only bank can attach it.