Anonymous
11 August 2020 at 19:22
Hello Respected Sir (s)/ Ma'am,
I have gone through a Divorce which is fully settled with my Ex Wife 4 years back. I have a Son who is around 9 years now and I have agreed for "No Access" as per my Wife's condition during the Settlement. My query is that after he turns 18, does he have any rights in my property? I have 1 flat which is transferred to me from my GrandMother (who is no more) and as I was the nominee. I am the 100% owner of this Flat (Ancestral). Additionally, I have purchased another flat on a joint name (with my Wife now) - this is from mine and her personal funds (through Home Loan). Kindly advice what rights my Son from my first wife have in my assets/ properties and also what can the possible workaround be to avoid any legal issues in the future. I already have made a Will in which it has been documented that I do not wish to give anything to my Ex Wife/ Son from my Ex Wife. I stay in Mumbai and Ex Wife is also in the same city as mine.
Anonymous
03 October 2019 at 21:42
Hello Respected Sir(s),
I got divorced few years back and also have a Son from the 1st marriage. The case was settled out of court and I also received the decree/ etc. I am now married again and blessed with a daughter. I wanted to understand on the following aspects as I have a property on my name:
a) Will my son from the 1st marriage have any claim/ right on my property? He is a minor right now. What happens after he turns 18?
b) If I do not wish to give anything to him in my property, what needs to be done to safeguard my current family?
c) If I create a will with my wife/ daughter's name, clearly directing the Society to transfer the right to them after me, is that good enough? Will they still ask for affidavits from all my legal heirs?
Manoj Ahuja
26 August 2018 at 17:09
Hello, need assistance to create Property Will for 2 of my known relatives at the most economical rates. Pls.advise? Location is Kandivali and Malad West for both.. Both are Senior Citizens..
Manoj Ahuja
29 October 2017 at 01:43
Hi, I live in a Chs in Mumbai and for years now, the person staying below my house has been harassing my tenants. 2 families have already vacated the flat and the 3rd tenant is currently being harassed. I use my current flat rent to pay the rent for the flat I stay in and I already am on financial crisis. He doesn't want anyone staying in my flat. He uses all means of harassment including going on the terrace above my house and throwing huge weighted stones. Even if there is slightest of noise from my house, he and his family come to my flat and start abusing and threatening my tenant. Written complaint Has been given to the Secretary of my Society, however they have refused to take action saying this is a civil issue. Tenants refuse to come to police station. I want to understand if I am able to convince my current tenant to come with me to the cops, what all can I do? What can I also do legally? I am mentally vv harassed and this has started affecting my health too.. If I don't get rent, I will get in a miserable situation. The society and all its members are hopeless. I need proper guidance in this pls.
Manoj Ahuja
01 May 2017 at 20:08
Hello All, I am writing this note purely to seek help and support from all you knowledgeable members of this forum.. I have a flat in a cooperative housing society in Sion and my flat is on the 2nd floor (below terrace). This flat is given on rent as I have shifted to Malad due to my health issues and my office is located in Malad itself. The person who stays below my flat has been harassing my tenant for several years now. 1 tenant has already vacated the flat and has infact moved to another flat in my society itself. The current tenant who has been living here for the past 2 months has also been harassed terribly by the person below and his daughter and wife. The society is very old, 30 plus years and any noise that comes form my house creates issues. Whether a child is playing, or even riding a small bycyle, etc. Most of the times, he has been creating stories and comes up to my flat and yells and abuse my tenant and their family members. Basically he wants to enure that nobody ever stays in my flat. He himself has come from a slum area and has bought a flat in my society several years back. I even went to the police station to file a complaint, however have been refused for a complaint as the Cop insisted that the party who is harassed needs to come forward for a complaint. My tenant and their family memebrs are extremely simple people and do not wish to get into all of this. However, have warned me that if this continues, my flat will be vacated. In 2 months period of time, atleast 7-9 such instances have happened. I am in an extremely helpless situation right now. I do notearn 2-3 lacs p.m. that I can afford to keep my flat vacant. I use my Chembur rent to pay my malad house rent. Please advise how can I go for a legal action against him and his family memebrs and how can I ensure that action is taken? I will be really obliged to get good responses. Even the society is not ready to intervene and has asked to file a police complaint.
Manoj Ahuja
09 December 2016 at 02:22
Hi, I reside in Sion in a co-operative housing society. I have a dispute ongoing against the Society at the Registrars office. The case is around transfer of Membership from my Grand Mother's name to my name.. However, my issue is not around this.. My issue is that I have just now realized that I have lost my original Share Certificate which was in my Grand Mother's name.. I strongly believe that this is in Societies possession and has been taken from me fradulently through a known person.. All I want to know is: 1) What should be my next steps? 2) Can the Society fradulently add another name on this Share Certificate without my consent? 3) How else can the Society mis use this Share Certificate against me?
Please help me urgently as I am extremely worried now..
Facts : Society has already accepted me as a Nominee at 50% and this is on records..
Manoj Ahuja
29 December 2015 at 18:37
Hello,
I have a Flat in a Co-op housing society in Arihant, Badlapur,for which I had taken a Home Loan from SBI in the year 2010 and for the same reasons, i got a Provisional NOC from the builder.
However, now, I need to transfer the Loan to HDFC and for the same, HDFC Bank is asking for a Provisional NOC from either the builder or the society. Right now, there is a dispute going on between the Builder and the Society.
The builder wants to give a handover of the society, however, the society is not willing to take a handover as there are some open action items, which need to be completed before handover.
I spoke to the Builder, they are asking me to speak to the Society Running committee. I spoke to the running committee and they are unsure of the process for the Issuance of the Provisional NOC and are demanding 25,000/-. I am stuck right now as the offer from HDFC will be cancelled if not actioned urgently by me.
Manoj Ahuja
06 November 2015 at 12:59
Hi, once divorce has been granted by family court and all cases attached to it stand withdrawn and dismissed, on Mutual Consent, is there a minimum wait period before 1 can get married again? My Judgement copy doesnt say anything about an Appeal Period or waiting period. Below are additional details :
Year of marriage :2009
Seperated in:2010
Period of seperation: >4 years
Divorce officially granted on mutual consent: Oct 2015
All other cases: withdrawn
Manoj Ahuja
27 October 2015 at 12:06
Hi, once divorce has been granted by family court and all cases attached to it stand withdrawn and dismissed, on Mutual Consent, is there a minimum wait period before 1 can get married again? My Judgement copy doesnt say anything about an Appeal Period or waiting period. Below are additional details :
Year of marriage :2009
Seperated in:2010
Period of seperation: >4 years
Divorce officially granted on mutual consent: Oct 2015
All other cases: withdrawn
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Exchange o car parking - unformed society (pune)
Hello Respected Sir(s),
I have a Flat in a Co-operative Society in Pirangut, Pune. The Society is still not formed and the builder is in the process of Society Handover in couple of months. I am willing to exchange my allotted Car Parking with another Member (She has a Covered Parking and I have an Open Car Parking) - both are allotted/ designated with Flat Numbers embossed on Name Plates and also mentioned in our respective Flat Agreements. Please advise on the process on how to proceed with this? Do we need to do a "MoU"? Do we need to do any sort of Stamp Duty/ Registration since this is immovable property? Do we need to involve the builder in any ways? Will the builder accept any charges?
Point to Note is that I will be paying a fee to the member as I am taking a Closed Parking Space and giving my Open one. Any guidance will be really appreciated.