Advocate Abhijeet S Brahmadande

Questions Answered by Advocate Abhijeet S Brahmadande

Q: My property is partitioned and Registered in 2002 under my grand father presence between A,B,C,D,n-B

My property is partitioned and Registered in 2002 under my grand father presence between A,B,C,D,n-B-is mentally ill(unmarried)n-D-is my father, even my father is not clevern-B- is living with D since 30+ years.-B as some property , Both A and C combined together and Registered the Agreement in Sub register office, claiming for 80% of B property.-D as some property , Both A and C combined together and Registered the Agreement in Sub register office, claiming for 20% of D property, by blackmailing if you don't sign we will block the road n-Now how can D get the property of B(because all this years D family is the Guardian of B)n-And now B and D not willing to give any property to A and C, because they are cheating us by telling blocking of road and they are not paying single rupee,n-And They are making us Scared telling agreement is Registered, so D can't transfer the property to me(son)n-Are we need to cancel the Registered agreement paper?If yes, how long it will take in court to so

Advocate Abhijeet S Brahmadande answered
as per Partition, all 4 sons have equal share ie 25% each. unless your father and B uncle has not Expressly Relinquished through registered deed separately or even in existed 2002 registered Partition deed. if not then you can and should file a suit for legally proper separation abd they C & D cannot restrict the,access to Road under easement right. You can also file a civil suit for specific performance to give your share or else for permanent injunction for road access. Also your father can by default transfer property to you. automatically you inherit his property as Class 1 legal heir and successor

Q: Lease Agreement 30 Months With Registration.

Is it right to lease an vacant property site for parking that too with registration. Lock in a period of 30 months? Is there any risk factor for the owner?

Advocate Abhijeet S Brahmadande answered
registration of property or any lease deed is mandatory if you are going to register the leaves deed for whatever period let's say 30 months it is always beneficial for you to protect your All legal rights hence you can go ahead and do the registration of lease

Q: Property dispute issue over ancestral property

My father has sold a property when he was intoxicated.I being a legal heir was not born when It was sold can I claim the property now?

Advocate Abhijeet S Brahmadande answered
No. not possible, if it's his self acquired property and even though Ancestral property.No. not possible, if it's his self acquired property and even though Ancestral property.No. not possible, if it's his self acquired property and even though Ancestral property.