Advocate Ashish Kachave

Questions Answered by Advocate Ashish Kachave

Q: RTI applicability over Co operative housing society matter

Is RTI not Applicable to Co Operative Housing Society. I had made an application under the RTI to my society

Advocate Ashish Kachave answered
RTI Act not applicable to the Private body, Association or condominium. If you want to seek any information in respect of your Housing Society you can apply your nearest Registrar, Co-Op-Hou Society for further information.

Q: Procedure to get a free lawyer from court

how to get free lawyer from court ?

Advocate Ashish Kachave answered
The Indian Constitution under Article 14 states “Every person is equal before the law and has the right to equal protection of law”. Article 22(1) provides for the right of a person to be defended by a legal practitioner of his choice. When read together, both the articles aim at delivering fair and equal opportunity of justice to all, without any discrimination, financial or otherwise. Moreover, Article 21, the right to life, also provides for reasonable, fair and just trial.The aforementioned articles imply free legal aid to the citizens of India, but Article 39A explicitly requires the state to promote justice by providing equal opportunities to all. The state shall, in particular, provide free legal aid by means of legislation, scheme or any other way to those who are economically backwards or in any other way suffer a disability. So contact your nearest Legal Service Authority Office and apply them.

Q: Query regarding requirements & fee to transfer ownership of property

We have 1sop and 2 lop.my father willingly needs to transfer his ownership to his sons.i would lik to knw al th required steps ..and the nominal fees to be paid to an advocate..because i feel that our lawyer is grabbing more money ..steps and all legal papers and the nominal fee..

Advocate Ashish Kachave answered
Please share your detailed property description in this portal. Unless and until I cannot come on conclusion because its depends upon your property and others necessary legal documents so please share your property details I will definitely give you the proper fee structure and break up.

Q: Procedure to transfer Jointly registered flat back to sole ownership

I have purchased flat in 2014 within PMC areas. Though it's me who has purchased it and have been paying the 100% EMIs , I had registered it with mother as a joint owner for some reasons. But now I would like to have it transferred it back to my name 100% and also my mother is ok with it as She knows it's me who has been paying for it 100% . How much stamp duty or taxes I will have to pay for this gift deed? Let's assume as per the current ready recline rates , value is 55 lakhs. Also if my mother can have a will for this flat then is it enough? And in this case vI avoid expenses involved for gift deed?

Advocate Ashish Kachave answered
As per the valuation provided by you if you want to executed a gift deed in your favor then you have to pay the stamp duty i.e.3% on your residential flat value i.e. Rs.1,65,000 alongwith 1% LBT i.e.30000 and 1% Registration Feed i.e.30000 and There is no stamp duty on registration of will. The department will levy a nominal registration fee. Contact the local registrar in your area where you want to register the will. You will require 2 independent witnesses other than the executor or legatee named in the will. However, in Gift Deed you will get 100% share in your mother existence and in Will after your mother passed away.

Q: Procedure to file complaint against English coaching institute

I had taken admission in let's talk institute of English speaking academy dadar Mumbai in June 2017 & my course was for six months but after joining of three months they have shifted their branch far away and now they are not refunding my fee and also wasting my time. So how should I file complaint against them?

Advocate Ashish Kachave answered
Subject to your admission form details and their terms and conditions mentioned in their admission form sheet, it their duty to pay you remaining three months fees as well as the compensation if they failed to do so then you can file a complaint before the consumer forum.