Advocate Sanil Sarkar

Questions Answered by Advocate Sanil Sarkar (100+ answers)

Q: Which Form to be filled for membership

My mothercwas the member and ownet of our flat in navi mumbai. After her demise I wish to apply for membership through nomination. Which form numbers to be filled and submitted to society secretary

Advocate Sanil Sarkar answered
Form Y-4 – Application for Provisional Membership by the Nominee after the death of a member. As regards the other legal heirs giving consent, that is ordinarily done through a properly drafted Affidavit/Consent NOC, particularly where the heirs wish to record that they have no objection to the nominee being recognised; the Rules specifically contemplate an affidavit selecting the provisional member where there are multiple claimants. since the property is in navi mumbai also chrck the necessary compliances to be completed with CIDCO.

Q: My partner is facing constant marriage pressure from her parents

My name is SM, this is regarding family and marriage pressure my partner is facing right now, she is 28, her parents is forcing her to marry their selected one but my partner does not want to marry. Since a year she kept on telling that she is not interesting in arrange marriage but family is not listening, infact family finalized the engagement date. So, because of all these, my partner moved out from her house and tell she will not return home, now she is in hotel since 4-5 days, 2-3 hours awa

Advocate Sanil Sarkar answered
Since your partner is 28 years old and therefore a legally competent adult, her parents cannot compel her to marry, become engaged, return to the parental home, or live with any person against her wishes. Under Indian constitutional law, an adult’s choice regarding whom to marry, whether to marry at all, and where to reside forms part of personal liberty, privacy and dignity. Merely fixing an engagement date therefore creates no legal obligation whatsoever upon her to proceed with the engagement or marriage. Considering that she has already left home and has been residing independently for several days, the immediate priority should now be to create a proper legal record showing that she has left voluntarily and is safe. she herself, independently and preferably through an advocate, give a written intimation to the concerned police authorities stating her age, that she has voluntarily left her parental residence, that she is staying separately of her own free will, that she does not wish to presently return, and that nobody including you has kidnapped, induced, confined or coerced her.

Q: Contesting mother's registered will with witness and dr certificate

My mother made registered will with witness and dr certificate influenced by my brother. Leaving nothing to me as daughter. Can I contest will for any reason , especially she was under psychiatrist medication 2 months after will and 1.5 yr later diagnosed with dementia and what are chances ?My mother would hv never done this but my brother influenced her mentally for his benefit. I feel defrauded , is there any chance or hope to win or let it go for 10 15 years atleast?

Advocate Sanil Sarkar answered
A Will takes effect only upon the death of the person who made it. Until your mother’s lifetime, the registered Will does not transfer ownership of her property to your brother, nor does your brother acquire any vested right merely because he is named as beneficiary. Yes, the Will can be legally challenged, and the facts stated by you justify a detailed examination rather than simply accepting the Will because it is registered. Under the Indian Succession Act, registration of a Will and even the presence of witnesses or a doctor’s certificate do not make the Will unquestionable. The person relying upon the Will must ultimately establish that your mother understood the nature and consequences of what she was signing, was acting voluntarily, and that the Will was duly executed.

Q: Mere husband ne without divorce second marriage ki , mere husband gov

Mere husband ek govt employees hai,, without divorce usne second marriage ki,, wo marriage se use ek baby boy hai,, baby birth certificate se unki second marriage proove hogi ya nahi,,, hoti hai to unpar legally kya action hogi

Advocate Sanil Sarkar answered
birth certificate of the child alone is not conclusive proof of marriage, but it becomes a strong corroborative piece of evidence. If the birth certificate mentions your husband as the father and the other woman as the mother, it establishes a relationship and cohabitation. However, to prove bigamy in court, you will need to establish that a valid second marriage ceremony took place, which may require additional evidence such as wedding photographs, videos, witnesses, invitation cards, or any admission by him. Courts are strict on proof of marriage rituals in bigamy cases.You can initiate criminal proceedings for bigamyand simultaneously initiate maintenance and protection proceedings under applicable family laws. If cruelty or mental harassment is involved, proceedings under the Protection of Women from Domestic Violence Act can also be initiated to claim residence, protection orders, and compensation.

Q: DV case n just she wants money no divorce

She has filed domestic violence..n her motive is to take just interim as I m in govt job n shee is not job with one 3 yr child ..how can I minimize interim as much as possible n how to take her to divorce with OTS ..Bcaz my salary is 60k n how much she will get interim?? N why she will need Divorce if I am paying interim ??..it's will be a cycle... we are in relationship from last 3 yrs n we stayed together for just 6 months after marriage n she left for delivery n never comes back

Advocate Sanil Sarkar answered
you need to appoint an advocate who can help you with case only after reviewing the case papers and supporting documents of your fact. any advise without documents will not result in a proper strategy