Advocate Sampanna Pani

Questions Answered by Advocate Sampanna Pani

Q: HMA section 13(i) and section 13(ii)

My daughter has been living with us for the past 1 and half year after marriage. Her in laws have filed for divorce under section 13(i) and section 13(ii). My daughter is working and they wanted all the money or they wanted her to leave the job. Also she had no freedom as she was working from home and was not allowed to leave the house without permission. What should be done in this case as we live in a different city. What is the procedure to transfer the case to our place.

Advocate Sampanna Pani answered
Hello sir,Your daughter can file a transfer petition before the Hon’ble Supreme Court in case you live in different states. The usual practice is that the Court will stay the divorce proceedings filed by the husband and after hearing the matter, transfer it to the place where you/your daughter is residing. Please connect for further clarification

Q: My wife can give divorce on the basis of impotance

Mg wife can divorce me on the ground of impotance or I can give divorce before she gives me . Suggest me right way to do .

Advocate Sampanna Pani answered
Hi Sir, Both parties, meaning you and your wife can get a annulment of marriage on the ground of impotency. It amounts to declaration of the marriage as null and void and has to be filed within 01 year of marriage. However, it is not a ground for divorce. You may however file an application for divorce on any other ground, in case more than 1 year has lapsed since your marriage. Please connect if you wish to know more in this regard

Q: Can basement be put to commercial use in a builder floor?

We have 6 flats in a builder floor along with basement. People bought these flats when the building was constructed in 2000s. Since then some people have sold their flats to others. Over time a single person has bought both units of ground floor and has claimed the basement area as well for his personal use. Stating that just like roof rights in any building, he has acquire basement rights from the previous owners. He has now converted the basement into an office and given it on rent. I want to know, if the basement could be sold like this to one person? Or do ground floor owners have exclusive right on basement because of their ownership of ground floor? Can it be put on rent for commercial purpose if the property is on notified commercial street? Are these things legal? These offices are encroaching on all the common areas. We need some recourse against them. Please help.

Advocate Sampanna Pani answered
Dear Sir/ Ma'am,Ground floor owners do not have exclusive right to basements as a default. Unless the basement or the right to build a basement is specifically sold to a person, no one can claim exclusive rights over it. Such places can be used commercially only if the requisite permissions or license is taken from the authorities and also depends on the nature of property. For usage of a property commercially, several clearances are required and residential properties cannot be used commercially. Kindly revert in case you wish to discuss this issue further

Q: Legal status of a >30 years old building without occupancy/ completion certificate?

I live in a builder floor built in the 90s. The initial sanctioned building plan (SBP) shows only basement, GF, FF and a barsati floor. But the building also has a SF, TF and then roof along with servant quarters in the rear setback since beginning. The building is not at all built according to the SBP and taking advantage of this a property dealer in connivance with some owners of my building have sold the servant quarters as separate units. I bought my flat on loan and recently inspected the title chain. In the documents it is written only as “proportionate rights of land beneath the building”, but not %age is mentioned. Will the owner of servant quarters too have a proportionate share in the land? As the whole building seems illegal what is the legal status of all the owners of this property? How may we secure ourselves and our property at this stage? Thank you!

Advocate Sampanna Pani answered
Dear Sir,To determine the status of each owner's right in the property the original title chain documents will be essential. Only those persons who have roof rights can build further floors, not included in the initial SBP. If the construction has been done without having any roof rights then the entire portion so constructed will be illegal. Consequently, the owners of the illegal construction will have no right to the land upon which the building stands.Your portion of the property will remain safe as long as it matches with original chain of title documents. Kindly contact me in case you wish to discuss this issue further.

Q: As per settlement in MCD, husband delaying to file for second motion

As per settlement in MCD, second motion petition is to be filed within three months after first motion, husband and his lawyer told me they will file second motion petition before 4-5 days to completing three months. Settlement was done in Mediation Centre in presence of Judge. What is the action which I may take

Advocate Sampanna Pani answered
Ma'am The second motion petition has to be filed after 6 months from the date of order passed in the first motion, but not later than 18 months thereafter. However an application can be filed for waiving off the mandatory 6 months period. So you can file such an application jointly. Simultaneously, the second motion petition can also be filed. Please do contact if you need any further assistance.