Advocate Prateek Aggarwal

Questions Answered by Advocate Prateek Aggarwal

Q: What is the procedure to change date of birth in passport

sir,my passport date of birth stating 09/06/1985,which was wrong, my original birth date is 07/06/1987,voter,aadar,pan,SSC mark list all are perfect,my elders and agent done this,passport is expired and never used, I want to change date of birth in passport is it possible pls guide.

Advocate Prateek Aggarwal answered
This is not related to a lawyer. Wrong place or this question. You can check passport website or all this information where you will get all the answer or search the google for this question. An affidavit will be required for this.

Q: How to legally add co-applicant in loan

Me and my brother purchased flat in Ahmadabad. For this property me and my wife are co-applicant in home loan and co-owner as well in sell deed because for some reason I can't add my brother as co-applicant. Loan installments will be paid by me and my brother in share of 50:50. Now how to do any legal document stating that me and my brother having ownership of 50:50 not between me and my wife.

Advocate Prateek Aggarwal answered
That you need to execute and register Release deed for transfer of Half share in property in question or to obtain order from court for the said purpose because simply putting in writing in MOU or agreement do not solve the purpose. You need registered documents in your and your brother name. That loan is a separate matter at the discretion of bank subsequently you can add name of your brother also in bank record after transfer of property. But before doing the same you need to see whether any person from Bank is necessary since you cannot change ownership without permission of Bank or clearance of loan. That Just by making a agreement relating to the ownership and payment of instalment will not solve the issue as your brother will not be having anything in his name.

Q: Non Delivery of flat booked in sonipat global city

I have booked the flat in global city sonipat in 2013. As per agreement they suppose to give the process within 3 year but till date no clue when they will deliver the procession even after passing more than 4.5 years. I had paid arround 85% money and as per agreement if they are not able to give process within time frame than buyer can claim the refund @ 8% p.a Kindly advice

Advocate Prateek Aggarwal answered
You have several remedy open for enforcing legal right to claim possession of flat or refund of deposit amount along with interest and compensation / damages either by way of filing civil suit or Permanent Lok Adalat or consumer court . Now Government has added one more remedy under RERA Act which is faster, speedy and time bound. That complaint can be filed Before RERA in case of no Occupation Certificate is received by the builder in the said project. That every state has made regulatory authority or in the process of forming regulatory authority where you can file your application for said purpose.

Q: What is my mother's rights on my late Father's assets

I want to know who is default owner of the property after my father's death on his self acquired property. When all the legal heirs will come into play. Can my mother decide how the property will be distributed at the moment. Does she has the right to do same and register the same in court. Also who will receive the amount of compensation if government has acquired some property by default. My father has not prepared any Will or something else. ?..

Advocate Prateek Aggarwal answered
Section 8 of Hindu Succession act, 1956 provides the list of legal heir entitled to inherit the property. That mother is certainly one of the legal heir entitled to the property. That property will be equally divided between all the legal heir namely mother, wife, children both son and daughter. However, father is excluded from class one legal heir. They will hold property jointly unless and until partition is granted by civil court. Further in case of deposit of compensation amount lying in LAC office , same needs to be distributed equally between all legal heirs stated above. That you need to record entries of death in revenue record by giving death certificate and affidavit of legal heirs for change of entries. That partition of property may be done by mutual consent by giving affidavit along with site plan either in the record of municipal authorities if in urban area or revenue record if in rural area.

Q: Can a ancestral property be claimed by a daughter

i am hindu and my father had a ancesteral property which was transfered to him from his grand father and to grand father from his great grand father and so on.and my father died in 2012 leaving a will that all the ancesteral property shall be transfer to his son only not to his daughters which are still alive .so my question is it legal to make a will on the ancesteral property for removing the daughter share on the ancesteral property and the property has been transfered to his sons name now what can i do to get my share?

Advocate Prateek Aggarwal answered
A person holding ancestral property is not entitle to make a will as per law, will can be made for exclusive / self acquired property only. That Ancestral property have a different connotation and every coparcener has a right over the property by birth and transfer of property by virtue of will defeats the legal right of succession of all the coparcener. That this is mentioned in Hindu succession act, 1956.