Advocate Akash Gupta

Questions Answered by Advocate Akash Gupta

Q: Can my Brother Claim a Share in Property purchased by me but on

I am planning to buy a property, however, for some reason I have to make the registry paper on my father name. I am paying the Initial amount and taking the loan as well. In future Can my brother claim in this property as it is on the name of my father being a registry owner. nnAll of the funds paid to builder and from my wife account and all of the future installments will be paid by mine account only.

Advocate Akash Gupta answered
hi yes your brother can create issues in future regarding the ownership of the property as the property would own by your father in his name so your brother can take or demand share in the property being the legal heir of your father, so it's better to take the property in your name or in the name of your wife. for further discussion you can contact on my email ID

Q: Transfer of property ownership

My father passed away last year, he was the owner of an apartment. After his death how can the ownership be transferred to my mother? As far as I remember, I think my mother is mentioned as nominee. We are Hindus.

Advocate Akash Gupta answered
hi there's a option of transfer deed if the property is not the ancestral property then the transferor can easily transfer the property to the transferee with the minimum cost . you can contact me on my email ID for further discussion .

Q: Paid advance and booked flat in garugam

In April I booked the flat However next week because of covid I m not able travel to gurugan for completing registration and I decide to not to proceed as could not travel and take rush for my new born..and ask for refund they told once we sell the flat will they will refunds and also they told they willnPay instalment if 25 k and that too they making excuses. Please suggest how to proceed legally. I paid via bank transfer

Advocate Akash Gupta answered
hi, few questions. whether BBA signed between parties or not? whether paid full amount to builder? whether send a formal legal notice of refund to builder ? whether they demanded further payment from you? call me for accurate advice. you can contact me on my mobile number or Email Id.

Q: Refund money for booking of illegal flat

HiI recently booked a flat in Palam Vihar, Gurgaon and I made 10% amount as an agreement for property and later get to know that flat is illegal as per DTCP guidelines as it has 4 flats in single floor. I have agreement on Rs.100 stamp paper but it is not signed as after three days of payment I got to know that flat is illegal and I want my money back from the builder but they refused to give the money and I made the payment through cheque.Can anyone please help me to know how I can get my money refunded legally?

Advocate Akash Gupta answered
hi, as you enquired regarding refunding the money from the builder. As of now you have option to send a legal notice to the builder to refund the amount and also you can file a police complaint against the builder for cheating and misrepresentation of facts and criminal breach of trust. besides that you have many options, that may be discussed on physical meeting.

Q: Drop a name in Registry from Possession Documents

Hi AllI had purchased a property in the name of my Father and Mother i.e. the possession letter and other builder documents is in both their names.Now since my father had in his name some capital gain from LTCG, my CA suggested him to get registry done in his name if he wants to take the tax benefit of Section 54 for full amount, else if the property is registered in both the names, then the benefit he can get is only 50% and the other 50% will go to my mother's name and will be wasted.To do this, we asked our builder to do so, for which he is asking handsome amount to change all his documents. Someone in my known told me since 1 name has to be dropped, it can be done using NOC / Affidavit from my mother.Please advise what is the legal way of doing this. New Property is located in Haryana. Old Property was sold in UP.RegardsHarshit

Advocate Akash Gupta answered
hi you can file a declaration suit and seek directions from court against builder to change the name of allotee in their records and to get the property register in the name of person you desired. once you get the direction from court , builder has to transfer the property.