Advocate Vaishnavi Sivasankar

Questions Answered by Advocate Vaishnavi Sivasankar

Q: A property rights of a mother compensation

My Grandmother owned a property in Mysore Back in 2005 her Son (Lokesh) registered the property in his name forcefully from her mother! Now the property is in his Name and he wants to sell the property.Can His mother get compensation for this legally?

Advocate Vaishnavi Sivasankar answered
We need to see what kind of property this is. How the grandmother acquired the property and that will help us understand what rights the grandmother had over the property. When we look into this we can see if the grandmother has the right to transfer the property in favour of the son and if the sale deed is valid

Q: My dad was working in Central silk board as government official, he expired one month before his ret

My dad was working in Central silk board as government official, he expired one month before his retirement (2 yrs pending) will I get the job in the same department or any other government job as we don't have any other source of income?

Advocate Vaishnavi Sivasankar answered
You will be considered for appointment on compassionate grounds upon looking into your age, if it qualifies for the purpose of appointment. Your claim will be considered as on the date you file the application

Q: The flat seems to have A khata it is an old apartment without OC

Hi ,The apartment was constructed and possession was in the year 2003-04 it seems to have all the documents and is a A khata property it has all documents(Agreement of sale, Construction agreement, sale deed, EC, Taxes are paid uptodate, khata certificate, khata extract, letter of decleration from builder, no loans on it, electricty in the name of flat owner) but there is no OC it was told to me that during 2003-2004 there was no such law mandating OC and people live there. I want to be clear on this. Is it true there was no rule mandating OC in 2003 -2004 and can i buy this property.

Advocate Vaishnavi Sivasankar answered
Once the katha is issued an OC will no more be required. Occupation certificate is issued upon completion of construction of a property before getting katha. Once we obtain OC we apply for the Katha during which time we submit the oc to the concerned authority. Therefore if you have A katha OC is not required.

Q: Plot bifurcation of an Hindu family

My wife has a plot (90'×50') in her name. Want to bifurcate the plot between me, my wife & our daughter (30'×50') equally. How can we do ? And is there's any tax implication. Kindly advise.

Advocate Vaishnavi Sivasankar answered
What is the purpose for bifurcation. Do you want 3 parts to be registered in 3 different names I.e; in the name of urself, your wife and your child?In this case your wife can execute 2 gift deeds in favour of you and your daughter. Or you can also execute a family settlement deed between the three of you.

Q: Builder not completing construction of Apartment

I had booked a flat in year 2015 and taken Home loan. Builder had promised to complete construction within 1 year and agreement was for 18 months. Till date builder has not completed construction. Kindly advise what legal action I can take.

Advocate Vaishnavi Sivasankar answered
You can file a case in the consumer forum against the builder and claim damages for non completion of the said apartment within the agreed time. Will require the documents and more details regarding your purchase and status of handing over the apartment to proceed further in the matter