Advocate Akhilesh Jamdar

Questions Answered by Advocate Akhilesh Jamdar

Q: Relative staying at my property not vacating the house

I have a Jointly owned flat by me and my husband , which was taken on loan and the loan has been fully repaid by both of us . But , 5-6 years back , my husband allowed his brother and family to stay in that house without paying any rent. I requested them many times to move out of my flat but now they are not listening to me. They have their own flat which they have given on rent. my husband does not have any objection on his brother staying in the house. What can I do to get back my property ?

Advocate Akhilesh Jamdar answered
You will have to start by sending a legal notice to the occupants of your house. Thereafter, depending on their response (or lack thereof), the next appropriate step may be assessed for recovering physical possession of the property.

Q: Question An advocate and I was in relationship from last 4

Question An advocate and I was in relationship from last 4 years on the promise of marriage I trusted him blindly. Now suddenly he is refusing to marry me . And threatening me about my nude photos and videos. I tried to lodge FIR against him but one of his friend is police constable he managed the police .What should I doo , I am helpless, Which section should be taken on him ?If I put 69 section on him , is it possible he can apply for anticipatory bail ?

Advocate Akhilesh Jamdar answered
He can apply for anticipatory bail regardless of the section. A private complaint should be filed with the concerned magistrate if the police is refusing to lodge an FIR. This can be done through a lawyer.

Q: Gift Deed was done within legal heirs without proof.

Originally there were 4 co-oners of a flat in CHS. One co-owner expired in 2010. Three of them made a Gift Deed. Two are donors and third one is donee, declaring that "They three are the only legal heirs" without any documentary proof. The gift deed is registered after paying the stamp duty. Is it a right legal transfer ? If not what can be done now to make it legal? i.e. Clear marketable title.

Advocate Akhilesh Jamdar answered
The gift deed itself is valid, however only with respect to the shares of the 3 co-owners who are party to the deed. In respect of the deceased co-owner, the legal heirs and their rights need to be ascertained and only thereafter it can be subject to transfer. Further, for a marketable title, legal due diligence needs to be done.

Q: How much stamp duty I have to pay if gift deed is made by grandma to m

I am from pune, Maharashtra. My grandma want to gift her immovable property to me her grandchildren. How much stamp duty I have to pay?

Advocate Akhilesh Jamdar answered
To calculate the applicable stamp duty, the ready reckoner rate of the property will have to be calculated. For calculating the exact amount payable, I would require the description of the property as stated in the title deed.

Q: Illegal internal renovation/modification

Does internal renovation/modification is allowed which includes extending internal room dimensions by breaking brick wall/RCC structure/windows etc. in a co-operative housing society ?

Advocate Akhilesh Jamdar answered
Before making any changes to the inside of the apartment, which are not as per BMC / MCGM approved plan; specific permission and approval needs to be taken from BMC / MCGM by filing a revised plan through a qualified architect.