Advocate Aliasgar Zabuawala

Questions Answered by Advocate Aliasgar Zabuawala

Q: Taking agricultural land on lease for 7 years from a dalit (SC)

I want to take agriculture land on lease for 7 years from a dalit, What will be the legal laws for lease agreement between General category person and SC person.

Advocate Aliasgar Zabuawala answered
you have to obtain permission form the collector or other competent authority for the using land for non-agricultural purpose, and if your are not agriculturist then land cannot be transfer in your name as per the law, before your are going to enter into any agreement kindly check the tenure of the land.

Q: Want to take bail for a case filed after leaving the country

I left the country in 2004 in immigration file with my family,they put the case in 2005 in court and issued me bailable ,then non bailable and finally P.O. ,now I came to know all this ,how can I get bail?

Advocate Aliasgar Zabuawala answered
for which offence there is case register against you??and how do you have permanent resident of the country for where you have been living for this many years?and how do you come to know that there is case against you...it is better you personally talk to your council for this matter, because the fact of the case is very important to know before any one advice you further.

Q: Queries regarding transfer of ownership through gift deed

My father is looking to gift deed a house in vadodara to me and my sister. I want to know if once the registering is done are we the sole owners? Do we need his signature if we want to sell it? Also would stamp duty be applicable for transfer? How much? We are Hindus.

Advocate Aliasgar Zabuawala answered
for registration of gift deed you need to pay registration charge 4.90% as per the jantri value and registration cahrges, after registration of the gift deed you need to mutate the entry in government records on the basis of the gift deed, then after you are the sole owner of the property and there is no need of the signature of your father to sale the property in future....

Q: What to do if brother was running business in fathers name

Respected sir, my dad was influenced by my brother to run his business with the name of my dad as he was doing job and not allowed to do so. In good faith and without the knowledge of such crime my dad permited him and let him run the business on his name. However now he somehow make losses and whole creditors are asking money from my dad. I know it was his fault to allow him but now what should be the remedy? My brother is ready to accept all these things infront of any person or in court also. Is there any legal way that help us. My dad has sold our house and pay the debt ,still there are lot of money remaining to pay. What should be the perfect way to escape from this actual thing? Please do reply

Advocate Aliasgar Zabuawala answered
you have to exactly elaborate that what kindly of the responsibility your father has handed over to your brother, and your father was signatory of any documents of the business,and to escape for this all you have to declare your father as indigent / insolvency certificate form the competent court after following due process of law.

Q: Legal action against society builder not giving possession of property

Our society builder is not giving possession. Where can we complain?

Advocate Aliasgar Zabuawala answered
in which year you all book the premises.if after 2016 then new Act RERA is applicable and for that there is sepereat tribunal are formed.and consumer court are having jurisdiction to entertain your complaint.