Can I evict my wife from my rented house after filing of divorce case? I want separation from my wife. I filed a Divorce case in Jan 2022. My wife filed a false DV case in FEB 2022. Now she and the 2-year male child are staying in her mother's house. She is occupying a separate portion of my rented house. She alone comes and stays in her portion 2 to 4 days a month. In this situation, how can I evict my wife?
The premises is a rental house. You are a tenant and at the point of time you have stayed with your wife in this house. Consequently, this premises became a shared household under the Domestic Violence Act.
Right to reside in shared household
Your wife has a right to reside in shared household. There is no fact on record which infers that your wife is a sub-tenant or the particular portion of flat is being sublet to your wife. Hence, you cannot evict your wife.
In Satish Chander Ahuja vs Sneha Ahuja (2021) 1 SCC 414 the hon'ble Supreme Court has held that rental premises are also a shared household under Section 2(s) of DV Act.
Until the decree of divorce passed by the court, she is your legally wedded wife. Therefore, being a husband you have to provide her a shelter or residence. It is pertinent to mention here that the right to residence is also a fundamental right. The provisons of Domestic Violence Act secures this precious right.
In the present situation it is not possible for you to evict your wife from the rental premises only because you have filed a divorce case against her.
Our father Died in July 1991 and somehow the death certificate could not be made at the time. In the meantime we lost/misplaced all the photo identification of our father. Can I get the death certificate of my father in absence of a photo identity card? Death certificate is one of the required documents to get the family pension for my unmarried sister. What could be the alternative to the death certificate?
There is no alternative to the death certificate. You have to apply for the certificate even after delay and loss of photo identification of your father. In this situation you should take a certificate from the Sabhasad of your ward. You can apply online for death certificate.
His certificate is admissible in case of loss or unavailability of any government identity card. If your father had any bank account then the passbook is also admissible in the photo identification of the deceased person. Loss of original document may cause hurdle but there is alternatives which is admissible.
Marriage in young age valid or invalid. My question is that if a family has married their children at a young age, then their marriage will be valid? If the children have grown up later then it's gonna be valid later? Or else it won't be valid because the marriage happens at a young age? I just want to know more in detail about that thing. I hope you are going to give your best advice or proper details.
According to Section 5 of the Hindu Marriage Act 1955, the age of bride and bridegroom should be 18 and 21 respectively. If this rule has been breached by the parties their marriage does not become void ab initio.
In this situation, the parents and other person who has induced their marriage shall be punished under The Prohibition of Child Marriage Act, 2006.
Punishment for child marriage
According to Section 9: Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.
According to Section 10: Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage.
According to Section 11:- (1) Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees:
Provided that no woman shall be punishable with imprisonment.
(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised.
In certain condition the child marriage is void. When the child has been taken or enticed out from a lawful guardian, compelled to go for or sold for the purpose of marriage then such a marriage is void under Section 12.
Can a patient of mental illness who is on regular medication become a member and chairman of child welfare, women welfare, juvenile justice board and handle such sensitive matters? Can mental illness put a bar on holding sensitive posts?
Mental fitness is mandatory for holding top posts related to child welfare, juvenile justice board and other similar sensitive matters. The mental illness should be severe and to such extent which forbids the person to discharge his duty diligently.
If a mentally unfit person has been appointed to such a public post you can challenge his appointment before the High Court. It is a matter of public interest that a mentally fit person should hold such a post.
You can challenge such an appointment before the High Court under Article 226 of the constitution. The court can pass an appropriate order thereby directing the government or concerned authority to remove such a person from the public post.
I want legal advice in writing to differentiate between two judgements given by JK High Court on similar issues. One more appeal was dismissed by Jk High court and upheld the decision of lower court but the respondents didn't apply for getting possession of land for which resumption under 7(2) was granted to them in 2004. Is it possible to take possession of land after fifteen years? The judgement was challenged in an appeal before four forums and lastly upheld by JK High court in 2007. Please advise whether this is covered by limitation Act as they now applied with Tehsildar to provide them possession of said land so resumed by them in 2004.
The final judgement was passed in 2007 by the Jammu & Kashmir High Court. According to Article 65 of the Limitation Act the period of limitation for regain possession of the immovable property is twelve years. It is generally not possible to take possession of land after fifteen years.
The application filed before the Tehsildar is barred by the limitation. But if he has sufficient reasons to not file that application within time then he is entitled to get the benefits of Section 5 of the Limitation Act. The court has the power to condone the delay. If Tehsildar satisfies that there is a good reason for filing that delayed application he can condone the period of limitation and admit the case. Thereafter, he can recover the possession.
I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share certificates are in our name and maintenance bills are also in our name. Now the society has just issued a loi for redevelopment. Can we evict the tenant (he maintains it was under pugdee. (Our contention is that in a cooperative housing society pudge is invalid . He has no document to prove it).
Is this contention correct? The developer has offered a 300 sq ft enhanced area. Can we ask him to compensate for this at the current rates? Accommodate the tenant as a tenant in a redeveloped flat of an existing area of 600 sq ft in the intervening period of redevelopment tenant can get rentals from developer.
Will the aaa be signed with us or the owner? Our strategy is after redevelopment we will ask for rent at market rate, failing which we can ask him to vacate? Is this possible please advise on above or any other advice which will help us retrieve the flat. Lastly the society has 81 members and 12 no’s are tenants. 7 out of 12 have negotiated transfer of ownership by receiving 1/3 cost of flat i.e rs 57.50 lacs (on basis of pugdee holding) does a notice have to be served on society ,tenant and redeveloper and what kind of notice please.
You cannot evict the tenant only on the ground that the residential apartment is being redeveloped by the builder or promoter. After the completion of redevelopment work the tenant shall have the right to get back the possession. Repossession of flat let out on rent since 1968 is not an easy task.
If you have personal necessity to reside in that flat then you can approach the court for eviction of the tenant. Before approaching the court you should send a legal notice to vacate the premises and give him a reasonable time, not less than four months, to leave the flat. If the tenant does not obey the notice then you can file a civil suit for eviction.
Can a general person purchase a residential land of scheduled caste? Dr XXX had sold a plot to Schedule Caste (SC). The land use is 'Residential'. Can any person belonging to 'General' category purchase the same plot from SC without the permission of DM and district authorities. What will be future consequences (in case) SCST reclaims his right on the said plot given the today's prevailing laws.
The scheduled caste khatedar can sell his residential land (Abadi bhumi) to anyone without prior permission of the Collector/District Magistrate. Therefore, you can purchase this abadi land from the SC khatedar. The restriction about the transfer of scheduled caste land is limited to the agricultural or cultivable land.
This rule has been made with the view to protect the land vested in the SC tenure holder who have been landless from the advent of zamindari system. When such a restriction has not been applicable in your case then you, a general person, can purchase a residential land of scheduled caste.
My sister was in a relationship for 7 yrs and after that she decided to part ways with boyfriend due to some issues. My sister is being mental harassed by her ex-boyfriend. She was informed this in 2020 and after that asked him not to contact him. He visited my sister along with his sister and spoke to her for 5 hrs and my sister explained that she can’t be with him.
After that he has been sending messages to her again and again that he wants to meet and talk, which my sister hasn’t answered and those messages. There were messages from his family also. In these 3 yrs we have tried to tell the boy and his parents to ask the boy not to call or message her. After telling repeatedly and blocking him from calling or any social platform he has been messaging from different nos.
Also mailing from different mail ids. This has been affecting my sister's mental health and she has been under stress as this boy doesn't stop messaging or mailing her and always tries to be in touch or try and talk to her. And try and do emotional blackmail. We have tried to tell him that if he wants closure then he can speak in front of relatives but he insists he wants to meet her alone and talk.
Recently due to this she has been having health issues. After 3 yrs now it’s getting unbearable and we want to take legal action. Can we do it? We have kept all screen shots and some mail screenshots as proof.
You should immediately record a First Information Report (FIR) against her ex-boyfriend for the offence of stalking. Stalking is an offence under Section 354D of the Indian Penal Code. Your sister’s ex-boyfriend follows and attempts to contact her after repeated refusal and warnings.
You should also take legal action against him under the provisions of information technology act 2008 for messaging and mailing. If he has used any obscene or seductive materials then he has committed the offence punishable under Section 509 IPC and Section 66 of the Information Technology Act 2008.
The screenshots and copies of emails are relevant evidence to prove his crime. Take immediate action by lodging an FIR against him.
Deemed conveyance by builder or promoter after thirty seven years is possible or not. Hi, I live in a housing society which has not got its conveyance in 37 years. The promoters are very much around. In fact one of them stays in our housing society. The builder has passed away. In 2014 our chawl restarted the process of conveyance after we failed miserably in 2008 under the amnesty scheme. What bothers me is that we have opted to go for deemed conveyance even without completely exhausting the possibility of getting the conveyance from the promoter directly.
No official letter sent by the managing committee & no legal notice served. Which is one of the most important documents for the deemed conveyance. I suspect some of the committee members are in cahoots with the promoters who harbour the ambition of redeveloping our project. I have singularly been voicing to serve a legal notice on the promoters. Please advise the best step forward as the AGM comes up in a week's time? Thanks in advance
The flat takers have been residing here for thirty seven years. Builder never wanted to construct any more flats because he never applied to the concerned authority for granting additional floor space index (FSI). Therefore, it is a fit case for deemed conveyance.
Deemed conveyance
For deemed conveyance the terms and condition of the agreement duly executed between the builder/promoter and flat buyers shall still applicable. You (flat buyers) cannot ignore the conditions to which agreements for sale were executed. In Tushar Jivram Chauhan v. State of Maharashtra, 2015 SCC OnLine Bom 3865 the Bombay High Court has held that the entitlement of deemed conveyance, even if any, cannot be beyond the agreement between the parties.
It is settled that one cannot transfer any movable and immovable property unless he possesses the right to do so in accordance with law. There are various facets and/or aspects of transfer of property movable and/or immovable.
If, according to the prevailing terms and conditions of the agreement for sale, builder/promoter and his legal heirs still have the power to execute deed of conveyance in the favour of flat buyers, then you can approach the concerned authority under the MOFA Act, to compel the builder’s legal heir to execute conveyance deed.
The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964, Rule. 13 deals with deemed conveyance. Thus, deemed conveyance is still possible by builder or promoter even after thirty seven years of transferring possession to the flat buyers.
In this situation you should apply to the appropriate authority constituted under the MOFA Act, to issue a deemed conveyance certificate to the flat buyers.
My mother had a second marriage. My mother expired in 2018. My father (my mother's second husband) expired in 2021. My step brother expired in 2022. My step brother had no other brother or sister except myself.
My step brother's grandmother who expired in 2012 gifted her property in 2011 to my step brother who had made a joint venture with a property builder with that gifted property and got 2 flats. Now as my mother, my father (2nd husband) & my unmarried step brother expired, can I claim those 2 flats which are in my step brother's name?
As per the facts of your case, you are the only legal heir to inherit this property. You are the nearest legal heir who is surviving today. Hence, you have the right over that property. In this situation you should file a declaration suit under Section 34 of the Specific Relief Act 1963. The court shall declare your right in that two flats.
Thus you can claim a property belonging to your unmarried stepbrother. After getting a declaration of the competent court in respect of that property, you can apply for mutation of the flat in your name. That decree shall have effect as right in rem hence, no one can challenge your right in that property.
