Advocate Ashish Kumar Bembey

Questions Answered by Advocate Ashish Kumar Bembey

Q: Bought a plot of PUDA hence wants to transfer title to self ownership

Bought I purchased a semi constructed house in Dugri phase 1, Ludhiana in 2004. But due to not aware of law I could not transfer the property in my name. Now I want to get it done. Pl advise what I have to do.

Advocate Ashish Kumar Bembey answered
Apply for transfer of title with PuDa by following the PUDA rules. Apply with certified copy of the sale deed and your other proofs of identity and after verification of the facts PUDA will transfer the title of the property in your name.

Q: Property transferred without cancellation of a registered POA

Mr A have given a registered power of attorney on stamp paper in 2005 along with a Registerted WILL to Mr B as it was heritage division(VIRASATI VAND) by his father and some other property was given to Mr A.Mr B is living only at that place from 2005 till now.Mr A do registry transfer to Mrs X and after a week Mr B also do registery to her Wife Mrs Y by the power of attorney in may 2017 . Intakal was not done on the name of mrs X and Mrs y. Mrs Y filled case againt Mr A in district court for cancelation of there Registry and intkaal .Moreover Mrs Y filled case in SDM court for stopping inktkaal and Registry done by Mr A. Notably, she got a stay order from court that for stopping inktkaal of this property and to stay freely at that place.In nov 2017, mrs X file case againt mrs y for thecancellation of there registry. After that Mr A filed a report in police station against Mr B and Mrs Y that Mr Y have done 420 with him.Which case can Mr B can file against Mr A under which sections

Advocate Ashish Kumar Bembey answered
Mr B is also free to file cross case of filing wrong complaint against him by Mr A as Mr B have execute the sale deed As attorney holder.Real owners have right to cancell the attorneys and their Wills also if not properly mentioned the clause of not to be cancelled the same. Discuss the facts in detail with your Advocate before filing the case.

Q: Procedure to claim share in father in law's property.

My father in law sold all property I have two minor sons can I take stay on behalf of my sons

Advocate Ashish Kumar Bembey answered
If the property is ancestral property then your sons have right in that property but if the property is self made property of your father in law then your sons have no right in that property as your father in law is free to sell it as per his sweet Will

Q: Procedure for succession certificate for deceased parent's property?

Where i can get succession certificate from...for the shares of my late parents....the city where i m putting up or the city where my parents' last rituals performed

Advocate Ashish Kumar Bembey answered
In case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person. It is required to establish the authenticity of the heircase of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person. It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance of debts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.

Q: Rooftop rights for first floor lanflords in a residential area

I m a landlord of first floor. The neighbours on the top floor have put a lock on the rooftop door. They are also landlord of their flat. They are not providing duplicate key to us and the ground-floor landlord. Failing which we have to beg for the key everytime we need an inspection or a visit at the top floor. Do they have the right to the issue? If not! Can we file a civil suit against them? As they have not been Co operating with us on the issue. Plz guide... Do they have the right to do so?

Advocate Ashish Kumar Bembey answered
If you are co-owner in the building and your sale deed clearly gave you right to access the roof as common areas then you have right to access the roof as and when you needed. Again ask the owner of the top floor to issue duplicate key and if he creats trouble then you have right to file suit in the competent court of law. But before filing suit first you issue legal notice to them. If your sale deed/ sale agreement shows that the roof is not used as common purpose then we have to check the easement right and file suit accordingly.