Advocate Chaitali Jani

Questions Answered by Advocate Chaitali Jani

Q: Post Redevelopment of building, flat allocation

our buiding is 5 floor buiding.after two months redevelopment will take place and 23 storey Tower will construct. Builder allot each floor one flat to existing tenants. I was live at gr.floor.i insist to our society to execute lottery systems for allocation of flat.but upper floor member force to allocation will be as per current floor position.means gr.floor first flat at first floor,second at second that's type.Is there any law or jugment which I show to society for lottery system

Advocate Chaitali Jani answered
flat in redevelopment allotment system lottery system decided by the General Body Meeting of society as per the majority decision project management Consultants no further judgement decision depend on majority of society members

Q: Transfer of ownership.we have a flat booked under someone else's name

We have booked 2 flats in Thane under Dosti builder where a couple can take only 1 flat. We wanted 2 flats so we took another flat in the name of my brother and sister in law. But we are paying the down payment and the EMI. Now brother and sister in law want divorce and we are afraid that she can claim ownership of the flat as she is also the co applicant /co owner. How can we remove her without her consent , the property is still under construction

Advocate Chaitali Jani answered
not possible to remove her without her consent , if ur brother is paying EMI than there should be strong argument for same. As per law without consent u can't remove her ame it will be forged u will be in trouble

Q: What is the procedure for getting a power of attorney for open plot

Hello sir, What is procedure for power of attorney for open plot ? This document we require in process of NA (Non Agricultural). Please provide information on this topic.

Advocate Chaitali Jani answered
The purpose of Power of attorney used , is that for selling plot or other . Owner has to agreed for same , verify all proerty documents which has to be on owners name legally. It POA has to registered and through which in authorized person for same . Its wilm be on 100₹ stamp paper or franking document which has to be registered and notarried through registerar

Q: What to do when seller of property does not have all the documents?

I am planning to outright a flat in a 25 year old building in mumbai borivali however the owner of the flat is deceased and his son now willing to sell the flat but as this is a 25 year old property he do not have sales deed nor an agreement however he has a share certificate on his own name and a society NOC also a copy of allotment letter in his father's name, I want to know if I should proceed further to outright this property

Advocate Chaitali Jani answered
Check any redevelopent agreement is agreed with between soceity and builder , Share certificate n noc is not enough u check other family legal heirs may be siblings and also verify transfer documents from soceity for same then u can proceed further