Advocate Siddhesh Bhosle

Questions Answered by Advocate Siddhesh Bhosle (25+ answers)

Q: College attendance and final exam issue

I'm 1st year paramedical student from Navi Mumbai I'm doing BPT in my college 75% of attendance is mandatory but mine is 49% because of medical issue i can't travel everyday and I've given one medical certificate in sem 1 but they are saying you are not eligible for main exam what should I do

Advocate Siddhesh Bhosle answered
Approach the HC to file a Writ Petition, if you have valid grounds. Seek urgent listing of the matter, if the exam is anticipated in the near future.Seek legal advice immediately to review your case. The HC regularly intervenes if it is a genuine case. Your matter will most likely be listed before a Divisional Bench.

Q: TWISTED NARRTAION ON COMPLETION OF CLP MIKESTONE

I seek legal advice regarding a disputed construction-linked demand raised by the builder under the CLP schedule.As per the Agreement , the installment is payable upon “completion of Ground Floor (GF) slab.” However, the architect certificate issued by the builder mentions “Plinth Level Slab (GF Level)” and nowhere certifies completion of “GF slab” as stated in the Agreement.When questioned, the builder stated “GF level” and “GF slab” are the same. The invoice only mentions “current dues”

Advocate Siddhesh Bhosle answered
Your Agreement governs the transaction. If the payment milestone specifically states “completion of Ground Floor (GF) slab”, the builder is required to demonstrate compliance with that exact contractual milestone. A certificate mentioning only “Plinth Level Slab (GF Level)” may not, by itself, satisfy the contractual requirement unless both expressions are demonstrably identical. You may therefore seek supporting plans/progress certification from the Architect and raise your objection, without admitting any liability if the demand appears premature. Also verify whether the demand notice complies with RERA disclosures and the payment schedule under the Agreement.

Q: Mutation of property bequeathed in a registered Will

My mother died last year. She had registered her Will 4 years back bequathing her share in a jointly owned property to me. Does this require Probate or can we apply for Mutation directly.She died in Chennai and the Death Certificate and Legal Heir certificate is issued from Chennai. The property is in Pune.

Advocate Siddhesh Bhosle answered
It is advisable to seek a probate of the said Will to avoid any contestation, and to ensure the rights are crystallized in your name completely. If you have a Legal heir certificate, you may approach the Tahsildar/Talathi or CTSO (depending on nature of the property) to effect a mutation but please bear in mind that mere revenue entries do not bestow Title. They would be well within their rights to require a probate of said Will.

Q: how to remove notorious wife from matrimonial home legally

how to remove notorious wife from matrimonial home legally contested divorce already put property is ancestral

Advocate Siddhesh Bhosle answered
You cannot evict your wife by force. Even You cannot evict your wife by force. Even during a contested divorce, a wife generally has a right of residence in the shared household. The fact that the property is ancestral does not, by itself, permit removal. Interim application in pending matrimonial proceeding for exclusive possesion or restraint orders. If there are specific issues (violence, threats, etc.), seek appropriate interim reliefs; the Court can regulate residence and access. Any attempt to evict her without a court order can invite adverse orders, including proceedings under domestic violence law.

Q: Consumer case against builder and bank

TeamNeed to file consumer case in Thane Court against builder and bank for issuing flat constructed on fraudulent documents and bank issued loan on fraudulent documents budget for filing Ra 15000 case hearing 1500 per hearing

Advocate Siddhesh Bhosle answered
Your matter involves allegations of fraud by the builder as well as the bank, which is serious and requires proper documentation and strategy.A Consumer Complaint in Thane is maintainable against both, provided you can show:Misrepresentation/fraudulent documents by the builder and Negligence or collusion by the bank in sanctioning the loan.Such matters are not routine consumer complaints but require detailed pleadings, document analysis, and sustained follow-up.Before proceeding, ensure you have a Complete set of agreements and loan documents, Proof of the alleged fraud/discrepancies and Written communication with both builder and bank.You may also need to consider parallel remedies (RERA and/or criminal complaint), depending on the facts. The case is maintainable, but your current budget does not align with the complexity involved. It is advisable to reassess expectations before initiating proceedings. Filing of a consumer complaint is a one-time structured exercise involving drafting, documentation and institution of proceedings. Professional fees for filing would start at ₹30,000, depending on the complexity and volume of documents. Hearings are charged separately and depend on how the opposite parties contest the matter. Exact fees can be discussed after reviewing the documents.