Advocate Aftabhusen A Ansari

Questions Answered by Advocate Aftabhusen A Ansari (25+ answers)

Q: If two brothers share a property, can one brother sell his share with an NOC? Specifically, can I se

In a will, it is stated that two brothers share one property. Now, for the sale, one brother is ready to give an NOC and does not want anything. Can the other brother sell the property alone by obtaining the NOC? Is any stamp duty required? Can I sell my share in property between me and my brother, and can I sell my property to my brother? What is the process for this?

Advocate Aftabhusen A Ansari answered
No. One brother cannot sell the property directly. here are the steps;1. you have to file an application for incorporating the name of both brothers in the revenue records / property card.2. After the recording the name of both brother, one brother will fill an application for deletion of his name in the revenue record/ property card.3. Thereafter the revenue authority will send the notice u/s 135 D to the brother who is willing his name to be deleted.4. After recording its satisfaction by the revenue authority, the name of one brother will be deleted.5. Now, the one brother whose name appears in revenue record can sell the property without the consent of other brother.However, it is advisable to record his consent as signing witness or confirming party in the documents.

Q: Property distribution after father's death in islam

We are 3 sisters, 1 brother, and our mother. How is father’s property distributed in Islam as per Indian Muslim law for property distribution? What is the ratio for property distribution after father's death in Islam among the 5 legal heirs?

If all sisters insist on equal distribution, does Indian law allow it, or does the Shariat property distribution rule apply? Also, since our mother is living with the only son, does this affect her share?

Advocate Aftabhusen A Ansari answered
Hi, the mother's share is fixed at 1/8th (12.5%) of your father’s property.
The remaining 87.5% will be distributed among the one brother and three sisters according to Islamic inheritance law, where a son receives twice the share of a daughter. In simple terms:

• If each sister receives₹100, the brother will receive₹200.
• The total share for the three sisters and one brother is 7/8th (87.5%), divided in this ratio.

Q: how to cancel non bailable warrant in cheque bounce case

Sir, I am from Pune. I have a non-bailable warrant under Section 138 for Rs. 78,000. The local police have asked me to present a receipt from the court. Can I get bail from the court? What papers are required to get bail?

Advocate Aftabhusen A Ansari answered
You need to file an application for cancellation of non-bailable warrant in 138 NI Act before the same court. When the court orders cancellation of the non-bailable warrant, it will issue an order and a receipt (receipt of payment of fine if imposed). You need to present this order and receipt whenever the police ask for it. If you believe that the same court may not cancel the NBW, you have the option to approach the High Court under Article 226 of the Constitution of India. Generally, the court will take an undertaking that you will not remain absent from future hearings.

Q: What can I do if I am being harassed by my husband

Mera sasural malegao (mh) hai mera husband muje bahot torcher karta hai kam bhi nahi karta or muje bahot Mara or mere 2 kids bhi isliye so please muje koi suggestion karo

Advocate Aftabhusen A Ansari answered
Aap police station Jake FIR register karva sakte ho aur sath me Domestic Violence Act ka case phi Kar sakte ho jisme aap ko baccho ki custody phi mil jayegi. AND maintenance ka case phi Kar sakte ho...

Q: How to add a person as a co-owner and avail tax benefits

I got a house on my name on 100% loan. I am claiming tax benefits on it. Now i want to add my wife as co-owner 50% plus co-borrower in loan 50% so that to extent of her share she can claim tax benefits. She and i will pay EMI to the extent of share..There is no consideration paid by me for property .Everything is on 100% loan. How wife can be added as co-owner and co-borrower? Whether she can claim tax benefits if make gift deed and add her as co-borrower with bank?

Advocate Aftabhusen A Ansari answered
In my opinion what you can do is: ask your personal banker whether name of your wife can be incorporated as co obligant in the loan already sanctioned in your favor. If that is possible then the documents of loan shall have her name and subsequently on the basis of it you can get your wife's name registered in records of right of the house as well. And as then both of yours name will be in the loan agreements both would be able to avail benefits. Additionally you require to give instructions to your bank regarding drawing of proportionate EMI from each of yours account, post incorporation of name of your wife. For more queries feel free to contact us.