Advocate Akshay Ubale

Questions Answered by Advocate Akshay Ubale

Q: Property devidation without co-owner permission

My plot is 1500 sqft and there are 3 owner, i, brother and momBut in this plot not decided particionSo commonly plot part size 500 sqft per owner, and i want sell my 500 sqft but my co-owner not agree , can i sell my self part of plot without co-owner permission?

Advocate Akshay Ubale answered
It would depend on the manner in which the division is recorded. If the ownership papers list all 3 as owners it would not be possible.You would have to partition the property before you can sell the property individually, without any requirement to involve the co-owners.

Q: PROPERTY QUESTION OF INHERITANCE

MY GREAT GRAND FATHER OWNS A PROPERTY IN PRABHADEVI MUMBAI, HE HAS 5 MALE CHILDREN INCLUDING MY GRANDFATHER. ALL 4 CHILDREN AND MY GREAT GRAND FATHER MAKE A FREE WILL TRANSFER AND THAT PROPERTY TRANSFERED ON MY GRAND FATHER NAME. MY GRAND FATHER DIED WITHOUT ANY WILL, NOW MY QUESTION IS IS THIS PROPERTY NOW ANCESTRAL ? DO I HAVE ANY RIGHT ON THAT PROPERTY AS GRAND SON?

Advocate Akshay Ubale answered
The property would not be classified as ancestral. As ancestral property requires the title to pass after the demise of the owner.In the present case, the property was ‘transferred’ to your grand father. Making it his acquired property. Upon his demise the property will be shared as the concerned laws of succession. Grand children do not typically have a share in the property, unless the grandparents child (mother/father) has passed before the demise of the grandparent. In such an event, a grand child would have a claim on the property.

Q: Water leakage from upper floor flat due to tiles work by builder

We were out of India, when we returned to our rental flat on December, we discovered that due to leakage from ceiling many of our household items, clothes in bags, bags, bedding items were damaged. An estimate of our damages is around 30000. Flat was damp with smell, we had to stay in hotel for 5 nights and come to flat every day just to make the flat habitable. A lot of manual cleaning work followed for 2 weeks after that. Builder is denying to pay us any damages.What are my legal options?

Advocate Akshay Ubale answered
In such circumstances liability is normally on the residents in the unit situated above your residence. The builder would not be directly liable.You would have to bring up the issue with the managing committee of the society and take up the matter with the resident of the unit above yours to restore any damages to your property.However since you are a tenant, the fastest recourse is to speak to your landlord and make necessary insurance claims for the damage and seek recovery.

Q: Sister in Law has filed an objection for Daftaari Nondni (Pune)

Myself and my 5 siblings along with my Mom, got a Legal heir certificate made for one of my fathers property after his death. All siblings have land in their name except for me & it was amicably agreed by all that a 1 acre land which was on my Dad's name will be transferred to me. So everyone signed a NOC to get the property transferred on my name. However, we recently came to know that my Sister-in-law has filed a written complaint and objected to this. Pls. suggest next course of action.

Advocate Akshay Ubale answered
The rights in the property upon the demise of your father would vest with your mother as well as all of your siblings and yourself.Sister in law does not normally have a right in the property, especially if her spouse (your sibling) has waived their right to the property.Her claim will not be maintainable if she has no right to the property.

Q: Received wrong colour vehicle from the dealer while I booked another

I booked white coloured car but on delivery they brought blue car. While we clearly mentioned we wanted White car only, there are proofs of whatsapp group chat where the colour mentioned is white. The dealer has promised for white colour. The RTO has been cleared, EMI is in my name and insurance too. But I have not signed any agreement/documents/deed for the sale. What can be done? Can I file legal case?

Advocate Akshay Ubale answered
At first instance we will have to check the documents signed at the time of booking the vehicle as the contents there will have priority. If the colour mentioned there is white, you can file a case. However since the appears to be car functional, damages per se may not be provided. Instead we can approach the dealer to change the vehicle/ colour.