Advocate Dipika Jigar Panchmatia

Questions Answered by Advocate Dipika Jigar Panchmatia

Q: Flat Transfer in case of joint owners

Sir i and my mother were both joint owners of our flat, as my mothers name was first, will the flat automatically get transferred in my name, also my father is still alive, will he get any shares, kindly advice,

Advocate Dipika Jigar Panchmatia answered
you will have to give demand notice within 30 days from the date of cheque bouncing , if he doesnt pay within within 15 days from the date of receipt of the notice , then you can file complaint before magistrate within 30 days thereafter.

Q: Clarification on section 55 of Transfer of Property Act

I sold my 1800 sq.ft. plot to two different buyers (800+1000). Whom should I give the original registry file (1800sq.ft)..I checked transfer of property act-1882, section 55. It says it will go to buyer with greatest value..Is it my understanding correct?

Advocate Dipika Jigar Panchmatia answered
yes , you have to give original documents to the buyer of major portion . however you will have to provide gfor covenant of production title deeds i.e. in case and whenever original title deeds will be required by the buyer of small portion, he will provide for the same.

Q: HOW CAN I AQUIRE DECEASED FATHER'S PROPERTY IN MY NAME?

MY FATHER DIED ON 06/05/2006 LEAVING BEHIND 3 HEIRS. FOR PENSION PURPOSE WE ACQUIRED HEIR CERTIFICATE FROM TAHSILDAR IN 2006.HEIR CERTIFICATE INCLUDES MY MOTHER'S NAME, MINE AND MY SISTERS. MY MOTHER ALSO DIED ON 21/04/2008. BUT WE DID NOT AQUIRE NEW HEIR CERTIFICATE. NOW I WISH TO AQUIRE MY FATHER'S PROPERTY (PLOT) IN MY NAME. PLEASE ADVISE PROCEDURE. AJAY BHALCHANDRA DATAR

Advocate Dipika Jigar Panchmatia answered
you will have to apply for letter of administration from the court if father died without leaving any will and in case there is will ,you will have to apply for the probate from the court. thereafter property can be transferred in you name by necessary document provided other legal heirs give consent to it or other legal heirs have to release their right in your favour in respect of the said property.

Q: Rights regarding will for the property for the son?

My father had 2 property a shop and home after my father died the name on the property got transfer to my mother's name.the house is pagadi system and now there is a developer appoached for the property my mother after my father dead instead puting just her name has included my 2 younger brothers name and not my name we are 3 brothers no sister's . Mom is not ready to add my name she says it was my father's wishes to add. She is not ready to show my father's will.i doubt if there is a will.on Rent receipt they have added mom and 2 brothers name.the devoloper has made agreement permanent alternate accommodation and will be making the other agreement of the sale deed of the development of the house. As my mom not ready to give my share what my stand on this. As per our law if there is no will of my dad will the property have share of all or its only of my mom and she can give any one..what are my rightswhst the rules says..hindu religion

Advocate Dipika Jigar Panchmatia answered
Hello,..if your father died intestate i.e. without making any will then property will be distributed equally among all four. if there is will then then property will go as per the will. however in Mumbai before transferring property, you have to obtain probate fro the court if there is will and letter of administration if there is no will.

Q: How long does Preparation of Gift Deed take

How long will the preparation of a gift deed and the subsequent registration for a property in Kamothe, Navi Mumbai take if all the required papers/documents are in place? What are the lawyer fees to get the gift deed prepared?

Advocate Dipika Jigar Panchmatia answered
Gift deed preparation does not require much time..if all the relevant documents are in place.. But it has to get stamped Nd then required to be registered.. Which will take another one or two days....