Advocate Amol Shirish Choubal

Questions Answered by Advocate Amol Shirish Choubal

Q: Is an unregistered gift deed valid in India, and can it be canceled if it is considered valid? What

Mr. A executed an unregistered gift deed in 2016, gifting immovable property in Mumbai to his son. The gift deed has not been registered, and the premises have not been transferred to date. Is the unregistered gift deed valid? Can the gift deed now be canceled, and if so, how? Additionally, what is the Supreme Court judgment regarding the validity of an unregistered gift deed in India?

Advocate Amol Shirish Choubal answered
unregistered gift deed has no legal sanctity in the eyes of Law. under section 17 of the registration act gift deed of immovable property is required to be compulsory registered.gift deed if unregistered can be cancelled

Q: What should I do if I want to remove my brother's name from my property? Specifically, how to remove

I have a property that is jointly owned by me, my wife, and my brother. However, the payment for the purchase was made solely by me and my wife. Now, I want to remove my brother's name from the property. Can you please tell me the procedure to follow? Additionally, how to remove a sister from property, and what is the general process for removing a name from property? My religion is Hindu.

Advocate Amol Shirish Choubal answered
you can execute gift deed or release deed and get it registered at the office of sub registrar by paying necessary stamp duty and then fee. if your brother fails to agree to sign the gift deed or release deed file civil suit against which can be the last resort. plz note filing suit will not serve your immediate purpose so better try to manage him in getting registered gift deed or release deed

Q: How to get stay order on agricultural land?

We collectively own 4 acres of land among 4 brothers. According to the 7/12 extract, the land appears to be divided equally, but in reality, my portion maps to 20 ghunte while the remaining 20 ghunte belongs to the other 3 brothers. They are refusing to give me my rightful 20 ghunte of land. Can I obtain a stay order for the 4 acres of agricultural land? How to get stay order on agricultural land?

Advocate Amol Shirish Choubal answered
yes you can get stay on entire land on filing suit for partition and permanent injunction against your brother at civil court and get that decree.you can also get injunction (stay order) from local court

Q: Which of the Will's will be considered if there are two different Will

My father made a will in 2010 in favour of my two sisters. He died in 2016. Father's will is not probated till now. My mother made a will in 2022 in favour of us (three children) with equal percentage and my mother died after making the will. We want the property to be in the name of all three of us. Which of the will is more important and effective? Father and mother both were owners of the flat with 50% each ownership. But the flat is on my mother's name. What to do now? We are Hindu. We are from Mumbai.

Advocate Amol Shirish Choubal answered
get a probate of both will in one testamentary application from Bombay High court original side. as u said it parents both were owners that means both have equal share so better get probate of both will

Q: certificate under indian evidance act

We issue computerized invoice and ledger to our customers . customers dishonored the payment cheque we filed case under section 138. Honorable court ask us to produce certificate under Indian evidence act . we required suggestion which certificate we produce to Court and they also ask take certificate from Bank for Cheque Returned by Bank.

Advocate Amol Shirish Choubal answered
certificate under section 65B of Indian evidence Act needs to be filed along with all electronic documentary evidence.the said certificate has no format you can customise the certificate as per your requirement