Advocate Sharmin Zafar

Questions Answered by Advocate Sharmin Zafar (50+ answers)

Q: Special marriage act and prenuptial agreement

I have come across that if marriage is solemnised under Special marriage act with proper registration of all documents of declaration at the registrar office then prenuptial agreement are are considered legally binding or else not. So what all documents are to be submitted to ensure legal binding of prenuptial agreement to make them valid and legally enforceable in India? What clauses even if mentioned in the prenuptial agreement will be considered null and void in the court of laws in india?

Advocate Sharmin Zafar answered
prenuptial is not legal in india it is not codified in any either of the Act The Indian law does not have any specific legal provision for governing pre – nuptial agreements and neither are they recognized under any statute or legislation. In India, the dissolution of marriage takes place according to various personal laws

Q: I am going to sale my land but neighbour is not giving NOC, what to do

I am going to sale a land but neighbour is not giving NOC, what to do ?

Advocate Sharmin Zafar answered
consult a lawyer this is not enough details to advise you have to know more inherited or purchase why you have to take NOC from neighbours you have to tell the details then only you can get advice so is better consult with a lawyer .

Q: Religion and accompanying Name Change

I want to be a Muslim. But I am currently not able to visit a mosque due to my short-term personal situation. Can I change my religion through affidavit only? What are the documents needed to obtain the notarized affidavit and I am an adult of 22 years? Please answer my two questions and all tell me the complete procedure from the beginning to obtain the religion change affidavit.

Advocate Sharmin Zafar answered
please contact me Adv Sharmin Zafar I will help u with the conversion process and plz inform me where u stay search in Lawrato with my name you will get my contact number

Q: What to do now? Should I divorce her?

we married about 7 yrs ago, we got 4 yrs old child, My wife now love someone (an advocate just started his career in Alipur Court) & she gave me an Ultimatum that she don't wish to live with me, and also want our child forever. Also demanding money for the child. Now my question-1. what can i do now?2. I as a biological father I want child custody3. should i divorce her?

Advocate Sharmin Zafar answered
you did not mention your religion and the child is in whose custody? if u r Muslim then don't divorce her immediately. if you are a Hindu first lodge a complaint before your local police station then ask your wife do an affidavit mentioning her unwillingness to stay with you . appoint a good lawyer before taking a decisions of giving divorce to her. it is not possible to give exact advice to you without knowing the entire fact. please contact me if you want.

Q: Roof right with construction rights

I have three brothers and 2 sisters. My father made a single storied house. He gifted me roof with construction rights of that House with common stairs. I had made first floor and residing there. My father died and all of my brothers and sisters made their own home in another places. Now I want to sell my first floor. Can I alone sell first floor with roof and give construction right of 2nd Floor to the buyer? And who will be the owner of roof top now?

Advocate Sharmin Zafar answered
if your father gifted you the property by an instrument of gift deed then construction right or any other rights are not in question and if the house is now also one storied with roof top which you want to sell ofcourse you can sell the whole property and if it is two storied house and you want to sell the ground floor then it is not possible of such sale is invalid and if it is a buliding with flats or apartment then the sale is valid selling one oart of a house and remaining other part is not valid sale