Advocate Vineet Kothari

Questions Answered by Advocate Vineet Kothari

Q: How to fight for parking space

I have bought a flat in a complex of 40 flats I don't own a Parking but we have around 26 total stilt Parking available which has been sold to 26 owners in which 9 Parkings are owned by previous land owners and with the help of builder they have covered the whole 7 parking with grill but couldn't do other 2 as it comes on the other side where pther flat members has their Parking. All the owner of Parking thinks that it's there Private area and don't allow others to keep bike etc since builder didn't provide any common space for Parking other flat owners are in loop including me. I have learned few things that stilt Parking is actually a common space it can't be sold, how to fight with this? Please Help.

Advocate Vineet Kothari answered
If the place is declared as common space in the plan then as per the Municipal laws common places cannot be sold. However since Deeds have been registered you will need to file a suit for declaration and cancellation of Deed with a prayer for ad interim injunction on parking in the area.

Q: Law related to right of daughter to claim the property of father

my mother is hindu.she wants to get fathers property.my mothers parent both passed away.land property belongs to my grandmother name.my mother have 6 siblings.total 7 member wants to get property. but problem is other siblings give some condition to my mother to get property.that is if my mother wants property she will have to stay there.she could not sell in future.if she want to sell then money have to divide to all of siblings.is there any law behind?? my mother wants property and want to sell in future or she wants money behalf of property.but other siblings dont want to give money.they give such type of condition.how can my mother proceed?please give me suggestion

Advocate Vineet Kothari answered
Your mother is a Class 1 Legal heir of her parents and absolutely entitled to get the property legally and as per the Hindu Succession Act and there is no limitation on her that she has to accept any such condition. If she is not satisfied she can file for partition of the suit property.

Q: Limitation period for implementation of a decree related to property

My grandfather won a case and got a decree from the civil court regarding a plot which was illegally recorded by our neighbours as theirs. But he did not Implement the decree and our neighbours remain as owner on paper of that land but the possession is under us. My grandfather expired 20 years ago. How can we implement the decree and change the name of them in our favour?

Advocate Vineet Kothari answered
Ordinarily a Court retains the records of a case for roughly 14 years and as such there is no real limitation of decree since possession is under you. Therefore the best way would be to put the decree for execution and with the order of the Court to get it executed.

Q: How to get stay on domestic violence relife

5th jm court passed a expertee ...order for maintence and residential order dec 2016 but still now I am suffering same problem coz the order is now stay.... how get I relief ??

Advocate Vineet Kothari answered
Kindly give a proper question with details so that reply may be given. Prima facie as i see you can apply before a Higher Court for an order depending on the merits in your case. and kindly give the matter in further details so that i can give proper advice

Q: HIREING LAWYER FOR FLAT PURCHASE

SIR i want to purchase a flat in kolkata.please guide me should i hire a lawyer for legal guidelines during purchase process?

Advocate Vineet Kothari answered
For purchasing a property it is always advisable to have an Advocate with you because a lot of legal due diligence is needed to ensure your get the correct property and the transfer is absolute and the transfer of title is done with a properly drafted Deed of Conveyance and that is done only by Advocates. And also when you are the purchaser it is your Advocate who will do the drafting and also check whether your interests are properly taken care of in the drafting if it is done by the promoter's Advocate. In my advice legal help is a must before any purchase of immovable property. Rest i leave to your wisdom. Thank You. You may contact me further for any other assistance in this regard.