Advocate Amit Agashe

Questions Answered by Advocate Amit Agashe

Q: Family property dispute and Illegal possession

Hello. I'm Abusufyan Mohammad Ayub, and a Sunni Muslim Inhabitant of India and son of late Mr. Mohammad AyubThere's a flat in my deceased fathers name i.e. Mohammad Ayub in the western mumbai but his sister named Nafeesa who has been married twice but got divorced from her first marriage still has the possession of the flat. She's been there since 30 years and verbally claims its her property due to her extensive possession tenure. I have filed a case in civil court of Dindoshi but i still

Advocate Amit Agashe answered
Her claim is based on adverse possession, in absence of any title document. If you have inherited rights, and want to oppose aunt's claim, seek a declaration of your rights as well. You may consider treating her a gratuitous licensee of your father and now notify your intent to discontinue her license/ permission to stay. For more assistance please get in touch

Q: asking to Cancel a co owned Property to the builder.

I want to cancel the property under loan which is co-owned by me and my wife. The builder is saying he needs the sign of both but my wife is not signing, I have done the entire contribution for the flat. Can the builder cancel the property just with my consent?

Advocate Amit Agashe answered
If the flat sale agreement is registered, your wife will have to release or gift her share. If you want cancellation, all original parties need to cancel the same mutually. If it's only booking stage, then the situation can be taken care by issuing notices. If you have ongoing marital dispute with wife, explore possibility of resolving this issue in mutual divorce petition or seeking court intervention. For more assistance, do get in touch

Q: Mom asking rent from me for wanting to stay in my dad's home.

My father died 11 years ago, when he was alive he bought a house in my mom's name now 11 years later my mom n me fight non stop n she wants me out of her house( which is not my father's how she doesn't live there) I asked if I could live in my father's house. She said only if I would pay rent. I was okay but told her to take less rent as I'm her daughter but she denied. What can I legally do in this situation? I'm not financially stable to get another house.

Advocate Amit Agashe answered
claim your joint ownership in the flat property and get suitable declarations, for which start with legal notice and if matter is not resolved through talks, then approach the court. For more assistance please get in touch

Q: Grandpa's sister's daughter asking for share in property

I m sole owner of land in panvel, agriculture land. My great grandpa purchased it. After his death, my great grandma, grandpa and his 4 unmarried sisters were registered as legal hairs in 1959. 5 married sisters were not included. After that one by one grandpa and unmarried sisters died then my parents died and I remained only owner of the property. Everyone died from 1975 to 2011. Now one of Married sister of my grandpa is died and her daughter is claiming for the share. What should I do

Advocate Amit Agashe answered
You should prepare a family tree chart and consult a lawyer. Hindu law of succession had undergone changes and amendments in phases. Earlier cut off dates in relation to marital status of the daughters were defined and one needs to examine when succession opened at each level. For more assistance do get in touch

Q: Delay in possession. Waiting for more than 7 years

booking- aug 2016 , promised possession- Dec 2020. buider kept on extending the possession date hence In 2018 I approached RERA authority.Order was passed asking the builder to pay me interest (on total paid amount) every month starting from Oct 2021 till the date of actual possession. I received the intrest payment but now since last 9 months the construction is completely stopped again. I have lost all trust and hence want to cancel and refund but buider is now not responding to email/calls.

Advocate Amit Agashe answered
you will have to take a legal route. there RERA order was only an interim relief granted to you. non delivery of possession is a continuous cause of action and fresh action can be brought against the builder. for further assistance, please get in touch