Advocate Anirudha Tambde

Questions Answered by Advocate Anirudha Tambde

Q: Is it safe to buy Commercial shop approved as kitchen in building plan

I look a shop but in building plans it is show as a kitchen (plan are approved by the Gram Panchayat) there are 4 shops in a row 3 of them show as a shops.Builder ask me he correction in architect plan,saledeed agreement & provide me a loan from co-oprative bank.paper work & 7/12 is OK all flats & shops are sold out.what can I do?

Advocate Anirudha Tambde answered
As per Information Given by clients:If shops is not mentioned in Sanction Plan of building as approved by the gram panchayat , then it can create problem for obtaining shop licence and in future ( if any person, not necessary ) complaint by any person in concerned authority, problem can be created in property. So make sure ur shops should be mentioned in sanction plan as per the laws and approved by authority. So please consult with lawyer before purchasing property advisable.

Q: Transfer of property by joint owners

After my husband got expired can a mother and son transfer house property as joint onwers ?

Advocate Anirudha Tambde answered
As per information given by clients. Yes property can be transferred on the name of mother and son if ur husband is expired and the property is self acquired by husband by his own money and property is not inheritance property.

Q: Cancelled flat builder not refunding money what to do

4 yrs ago i booked a flat in pre launch state but that builder not constructing 50 % ammount paid at a time by cheque. Before one yrs i cancelled then also not returning my paid money what to do now?

Advocate Anirudha Tambde answered
As per information given by clients, U can file consumer complaint under consumer protection act 1986 in consumer court for deficiency of service, recovery of money and u can also seek compensation for non refund of money.

Q: Claiming property which is in by the deceased sister to her husband

hi, My mom and my sister are the owner of the1 property (shop) 2years before my sister past away ans she had one baby also which is now 2.5years old. In the legal paper the first name is mentioned by my mom and the other is my sis and this property was taken before my sister marriage and her name on legal paper was also before marriage name only. After sometime of sister's death we went to the society office to claim the property name of my mom but society is asking for Non objection certificate of my JIJa and which he is denying to give. And now we came to know my sister secretly put nomination of society in the name of my Jija with mention of 100% owner and there no signature of my mom in the nomination paper. The society is not allowing us to put the property in the name of my mom. Just to inform you the shop was taken by dad only no contribution was there from my Sister or from her husband. We want claim the property in the name of my mom. Please advice what to do now.

Advocate Anirudha Tambde answered
As per Information clients,As per Hindu Succession Act, Husband don't have share in wife's property if wife has legal hiers in the side of her mother or wife has own child. So after the read your facts of the case, your Mother and Your sister's child both has equal or share according to the sale deed has mentioned the share.but ur sister's husband can't claim any share in the Property now.

Q: Need information regarding divorce

I got marred last moth with hindu rituals but due to various differences i dont want to continue this marriage anymore. please suggest the way to out of this marriage as soon as possible. i do not want any type of alimony or any thing . i juts want to dissolve this marriage

Advocate Anirudha Tambde answered
As per clients information, As per Hindu marriage act, u can file for mutual divorce in the family court as per area jurisdiction. U have to make petition in the family court for mutual divorce and on the first date of hearing the matter, court will refer the matter to conciliation process such process take six months. After six months even after conciliation process fail and both party agree for mutual divorce before court.