Advocate Bhawanipant Dnyaneshwar Kaloo

Questions Answered by Advocate Bhawanipant Dnyaneshwar Kaloo

Q: How to add brothers name in documents of the house ?

Hello Sir/Madam, I am a resident of Dombivli (W), Dist: Thane. My father bought a home with his savings in the year 2012 and taken a loan in the name of my elder brother as advised by the agent who helped us with the home loan paperwork. My parents have got two sons (me and my elder brother). We got the possession of the flat in the March 2017. The home loan will last until August 2031. I and my brother are paying home loan EMIs equally. It has been an understanding between us that we both have 50-50 share in the said flat. But my parents advise us that it should better be in writing so that any future dispute can be avoided. Is it possible to add my name as the 50% owner of the said flat while it is still mortgaged with the bank? Thanks and regards.

Advocate Bhawanipant Dnyaneshwar Kaloo answered
You father can make will in respect of 50-50 share in the house property between his two sons instead of applying in emi equally or you can make indimnity bond in respect of 50-50 share in the property.

Q: Wrong area mentioned in the plaint of a suit reg encroachment

Neighbour has filed suit regarding encroachment mentionining wrong area /measurement of land What is the remedy. 

Advocate Bhawanipant Dnyaneshwar Kaloo answered
Challenge the wrong area/measurement mentioned in suit by way of prilemnay objections or mentioned in written statement to refrain to accept wrong area/measurement or take a chance to question proceeding.

Q: What to do if I find out after someone's death that I am the executor

What if i find out after the death of someone that i am the executor of the will? The will was not opened in front of me. I have not agreed to be the executor - what can i do?

Advocate Bhawanipant Dnyaneshwar Kaloo answered
You refuse to accept will is executed, you or on behalf of you challenge the execution in civil appeal court and claim declarations that prior execution is declared to be null and void from inovation.

Q: When should stamp duty be paid when getting house registered

Flat purchased in 1984. Stamp duty / registration not done. Papers were put in amnesty scheme in 2008 - but was rejected stating 84 property not taken now. rcvd letter stating at the time of conveyance we will need to pay stamp duty. Building now going for redevelopment . When should we pay stamp Duty

Advocate Bhawanipant Dnyaneshwar Kaloo answered
It is not disputed that stamp duty pay at the time of conveyance as per cost of the property. But you can now get property sapreated or gift,will etc. Than apply for registration. it will help to you.

Q: Can forced signatures be taken and misused on documents for security?

A person has forcefully taken my father's signature on a stamp paper stating that my father has agreed sell his house to him at 10 lakhs and he has paid 8 lakhs till date only 2 lakhs, now after 4-5 years later he is threatening my family for money, he is asking 9 lakhs rupees. The reality is my father has borrowed 2 lakhs at 5% interest per month for 1 lakh and 10% for another 1 lakh for from him 4- 5 years back. We have already paid him around 2.5 lakhs till now. And for his security he has forcefully took my father's signature om stamp paper. I don't know what do to ? Please help

Advocate Bhawanipant Dnyaneshwar Kaloo answered
You can file complaint against him at nearer police station for advanced threating and dengior of your life from him. Also you can file case against him braking of trust. So you don't want to fear him.