Advocate Uzmi Jameel Husain

Questions Answered by Advocate Uzmi Jameel Husain (25+ answers)

Q: How can I sell a joint property if the other partner doesn't want to sell it?

Sir, I have a leasehold commercial property jointly owned by my brother and me in central Delhi. I want to sell the property due to financial constraints, but my brother is not willing to sell. What should I do in this situation, as I urgently need the funds for my survival? Specifically, can a joint property be sold off without taking the consent of the other owner? Can a jointly owned property be sold by one owner? Kindly help me.

Advocate Uzmi Jameel Husain answered
If there is notional partition and if you are in possession of your share and if your lease rights are transferable than you can transfer your share. But if you are in joint possession of lease hold property than you are required to file a suit for partition with possession. And only after that you will be able to transfer your share

Q: What is the right time to hand over xerox copies of property documents? Specifically, can a xerox of

Hi, I have a property in Delhi that I agreed to sell last week. Without signing any agreement, the potential buyer gave me Rs. 1 lakh as token money and is now demanding xerox copies (marked crossed) of the property, as he wants to make a Bayana. I want to know if it is legally right to hand over the documents or if I should refuse and tell him that we won't hand over anything until the Bayana is signed and we receive at least 10% of the total sum as insurance. Can xerox of the sale deed be misused? If a xerox of property papers is given to a broker, is there any problem? Please guide me through this process.

Advocate Uzmi Jameel Husain answered
Don't worry. XEROX copy or any unregistered agreement has no legal sanctity in the eye of law. Therefore their is no problem to give Xerox copy of your house. The sale deed or any title deed is a public document and it is always available in Sub Registrars office. Hence there is no problem in delivering Xerox copies.

Q: Can a case be filed against a son for not taking care of his parents?

What are the criminal charges against a son who does not take care of his mother? She is a paralysis patient and above 80 years old. What criminal laws and IPC sections apply to provide justice? How can a case be filed against him? What is the punishment for not taking care of parents in India?

Advocate Uzmi Jameel Husain answered
Yes, under Section 125 CrPC (Section 144 BNSS), a mother can file a petition in the family court to claim maintenance from her son. Additionally, she can also seek relief under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which ensures the welfare and financial support of elderly parents.

Q: How can I transfer my cases from Delhi to Bombay

Actually I live in Delhi from birth I have family dispute with my husband and in-laws and running cases in Rohini district court. They are trying to kill me 2 times So I am thinking to move from Delhi to bombay So is it possible to transfer my all cases Delhi to Bombay and what is the procedure for that...

Advocate Uzmi Jameel Husain answered
Once you move to Bombay and gets settled there than you can file a transfer petition before supreme court under section 25 of CPC. And only by filing the transfer petition you will be able to get transfer your cases from Delhi to Bombay

Q: What to do if their is a property dispute in the family

Our house is on the name of my grandmother who died 7 years ago. My father has a brother. Now, due to family issues, my grandfather and my father want to sell the house and distribute the money in equal parts to my father and uncle. But my uncle is not ready to sell the house because he want to the house on his name. Can you please suggest any advice so that we can sell our house? We are from a Hindu family.

Advocate Uzmi Jameel Husain answered
Your father and grand father can sell their share because they are now absolute owner after succession as far your uncle is concerned he can not estop them from selling their share. Or if he is serious than without having a decree of preemption he can not estop from selling