Advocate Ankur Pastor

Fill the form to get contact number of Advocate Ankur Pastor

Questions Answered by Advocate Ankur Pastor

Q: Sale of joint ownership property without consent

My father having 2 house 1 is 950sqft other is 2400 sqft after the death my mother my brother and myself name are written on the registry paper. Now my mother and my brother want to sale the property without informing me . Is it possible to sale What i have to do

Advocate Ankur Pastor answered
No, your brother and mother does not have any locus to sell the property as the property belongs to your father and you three are the legal heir of the said property so initially the property has to be transferred on the name of all three of you and only after that the property can be sold that too with the permission of all the current owners of the property. you can file a case of injunction in civil court for stopping them to sell the property.

Q: Time limit for execution of registered document & decree

i have done a registry for a land based on a decree and the execution could not happen for the last 14 years as i forgot to do so. i want to know wether the registry of land and decree is still valid and can i execute now after a lapse of so many years

Advocate Ankur Pastor answered
Yes your Registry is valid as registry does not have an expiry date. You have to apply for mutation of your property in the SDM Office of your concerned area. It's my advice to apply for the mutation process as delaying it might cause you problems from the previous owner in future.

Q: Bought property from brother in law on wife's name want to register

I bought a plot on lease in 1998 and registered it on my brother in laws name. I have the proof that i made the payments. In 2017 i got it registered ( purchase from brother in law) on my wife’s name without any issues. Want to know if this transfer was legal or any fault lies here? Also there was no payment done to the brother in law in this as the property was already mine but the registry charges were paid according to the value of the plot in 2017 by my wife. If my wife declares this property then which year do i show the purchase for 1998 or 2014?

Advocate Ankur Pastor answered
Purchase will be of year 1998 only as in that year the property was actually purchased and the amount was cridited from your account . w.r.t to transfer that took place in year 2017 there is no need to give the amount to your brother in law as you have already paid the amount back in 1998. yes the transfer is fully legal as all the government duty has been duly paid.

Q: Property Ceased by Collector. Ceased Order on the name of Prev. Owner

Hello, I purchased a house in Indore on 4/3/2017 from Mrs. XXX with all legal formalities like agreement,paper advertisement, legal search and valuation. Property hypothecated with Central Bank of India. After Purchasing of property there is a case filed by investors of MRS. XXX company and order passed by Indore Collector on 28/10/2017 , property was ceased by SDM without any notice or publication. We are having registered Deed. We objected infront of collector by written, but no progress till date (approx 3 months). Please advice, can we launch a plea in Highcourt or suggest appropriate steps. We are out of house and paying home loan emi too. Thanks in advance.

Advocate Ankur Pastor answered
You have two remedies. 1 . you can file a case in real estate authority against the seller of the property . 2. you can appeal against the order of collector in the Civil court of indore for wrongly ceasing the property.