Advocate Satish Kumar

Questions Answered by Advocate Satish Kumar

Q: Do the illegitimate children have any right over ancestral property

SIR;MY MOTHER IS MARRIED MY FATHER BUT AFTER FEWYEARS MY FATHER MADE ILLEGAL REALIATION WITH OTHER WOMEN BUT NOT MARRY NOW THEY GOTED A CHILDREN CAN THEY HAVE RIGHT TO CLAIM IN OUR PROPERTY BUT PROPERTY IS MY FATHER S GRANDFATHERS PROPERTY

Advocate Satish Kumar answered
Every child, whether legitimate or illegitimate will have a right in the property of their father. The woman with whom your father has an illegal relationship has no right whatsoever in your father's property.

Q: Right to use clubhouse in a Co-operative Housing Society

We bought a resale apartment in a complex which is comprised of 16 Co-operative Housing Societies. There exists an apex federation of these CHS responsible for maintaining the common areas including the clubhouse. As per the agreement between the promoter and the first owner of the flat, the first owner had paid Rs. 50,000/- as 'Clubhouse Development Charges' entitling her to 'the right to use clubhouse'. The apex federation now is demanding Rs. 50,000/- again towards a 'clubhouse membership' if the first owner had paid clubhouse development charges to the promoter and Rs. 1,00,000/- otherwise. Does the apex federation have the right to charge us for a membership fee when the agreement between the promoter and the first owner never mentions the same but rather uses the words 'right to use clubhouse'? What complicates this further is the fact that the promoter is still selling apartments wherein they are charging Rs. 50,000/- towards clubhouse development charges.

Advocate Satish Kumar answered
You need to check the rules and by laws of the apex federation in this regard. alternatively you can approach the District Consumer Forum against the apex federation on the grounds of deficiency of service.

Q: What to do if court has rejected maintenance

Hello sir .. I m 34 yrs female Hindu religion . marriage held 8 yrs back .I appealed for maintenance.. under 125 crpc..I m educated qualified lady... The judge rejected my maintenance for this n grated to my son...wt will be the next will I do

Advocate Satish Kumar answered
You can prefer an appeal on the order of the lower court, but you need to keep in mind that you should convince the Court that even though you are an educated qualified lady, you do not have any other source of living.

Q: What to do if the seller has not paid off his dues even after selling

I have bought a resale flat and all the registration has been but now at the time of possession, the seller have just handed over the house and asking me to pay all the dues such as electricity bill, property tax, maintenance, etc. which is not acceptable for me. Now the seller is not paying off the dues, so can i file a case against the seller for non payment of dues because as per agreement, it is the seller responsibility to clear all the dues. My religion is gujarati and the seller religion marathi.

Advocate Satish Kumar answered
First point I would like to tell you is that religion/caste has nothing to do with your case matter. Since the agreement is clear on the aspect of clearing dues, you have every right to claim the arrears from the seller, but in the mean time in order to protect your property, you need to first clear the dues.

Q: While mutual consent divorce case is pending wife apply for USA visa

Hello..i have filed for divorce with a mitual consenr with my husband..the next date. For final signature is in july amd he is from india..but i am applying for B 2 VISA FOR USA visitor visabin april..so what exact status should i tell about marriage and will it have negative impact on approval of my visa

Advocate Satish Kumar answered
Since the divorce is not yet formalized/confirmed by the Court, you need to mention the status as married and there is no other alternative available to you to avoid any negative impact on the approval.