Advocate Shane Dias Sapeco

Questions Answered by Advocate Shane Dias Sapeco

Q: Undivided share or share certificate concept applicability

I have booked apt, the agreement does mention anything about the land share or UDS or share certificate. It only says a housing society or federation will be formed which i can register . The builder says no concept of uds or share certificate in Goa. my query is this answer by the builder correct ? if there is no uds or share certificate 50 years down the line if the apartment is demolished what happens to my apartment as i am comiting lots of money , does the land goes back to the developer . Also , this joint development project between landowner & the builder.

Advocate Shane Dias Sapeco answered
Sale without mentioning uds or without stating the whether final sale deed or share certificate will be issued on completion is calling for trouble. Pls let don't let the builder fool u. I have only one question if there is no uds or share certificate what will u transfer if u intend to sell the flat in future...without these basic safeguards there can be no valid purchase and no valid transfer

Q: Procedure to follow after publication of Judgement in Gazette

Hello, I would like to know, what the next step is after having got the judgement published in the Official Gazette and have collected the copy of the same. Do I submit this copy to the court? Do I have to make a new application to show that the judgement has be published? Or, do I submit the copy with an application to the Civil Registrar for the cancelling the marriage? Religion: Hindu

Advocate Shane Dias Sapeco answered
Pls note that once publication is made in gazette it is required for u to make application to civil registrar to cancel marriage entry and once the entry is deleted collect a copy for ur personal record.

Q: would it be safe to sign a sale deed prior to registration

Hello, I am selling my flat and the buyer is insisting that the signing of the sale deed draft be done a day prior to the registration inorder to save time. 50% payment is from bank and 50% is from the customer on day of registration. My query is, would it be safe to sign the draft the day prior to registration or any risk involved? Thanks in advance and God bless.

Advocate Shane Dias Sapeco answered
In most transactions the signing is done earlier to prevent delay on the day of registrations. You could also have the purchaser pay u the 50% in advance and balance dd will be issued by the bank after registration is completed.If you have doubts pls ensure that the bank demand draft details are incorporated in the deed of sale also request for a photocopy of the demand draft which is issued by the bank so that u know the payment details are genuine.

Q: Advantages and disadvantages of transferring property in mother's name

I own a house in joint name with my mother which I intend selling and buy a flat only in my mothers name as I want to buy an individual flat taking a home loan with a bank Hence I want to know since this house is in joint ownership (50:50), how can I transfer my share to my mother so as to ensure there is no property in my name, so I can qualify for bank What would be the pros and cons of doing so in the future? 

Advocate Shane Dias Sapeco answered
If you are residing in Goa and if you have siblings (brother/ sisters) please note that on the demise of your mother the children would be entitled to your mothers share in the assets which stand in your mothers name. So if you and your mother are co-owners of the house then on her demise the other children would be entitled to her share in the co-owned property. Similarly if the flat is in her name exclusive name the other children would be entitled. Pls visit a bank to inquire abt the housing loan formalities applicable to persons already owning a flat or a house.

Q: Can another judge be requested for the hearing at High Cort

How to request that the matter be heard by another judge of the HC? Are there any repercussions for such a request?

Advocate Shane Dias Sapeco answered
A judge can recuse himself from a matter only on personal grounds or personal relationships with the parties in the dispute. Requesting the judge to recuse without any good reason could amount to contempt.