Advocate Chaitali Jani

Questions Answered by Advocate Chaitali Jani

Q: l want to transfer tanacy recipt fhather to fhather

my fhather death was more than 50 years but i not trasnfer tanacy recipts name i have death certificate of my father & MOTHER ALSO WHAT I CAN DO

Advocate Chaitali Jani answered
u r property is redeveloped or it's society contact ur landlord or society if it's registered they will do process .. minimal fees to paid if not u can email me get my contact details will consult for same with Minimal fees

Q: Transfer of title virtually by nomination,Steps to get clear title

My father purchased a flat in Coop society at Goregaon in the name of Mother in 1975 through resale,flat was transferred to my mothers name in 1975 itself,in 76 Mother nominated her 3 sons as nominee,in March 90 she made a unregistered will sign by Dr and lawyer,in will she executed aforesaid flat in the name of her husband,in June 90 she expired,after her death in the family interested all the 3 brothers resigned from the membership and given the letter to society to transferred the flat in the name of Father,without sale deed,is done through AGM in1990, in 2009 father made registered will,and he made me sole executor,in that will father given me the aforesaid flat,and rest all to the rest of legal heirs,in 2011 my father nominated my wife, 2 daughters as nominee of aforesaid flat,in 2013 father expired,will executed,I didn't file for Probate,and society transmitted flat to my wife name,now to get clear title of flat what state of action required,Probate of both Will or other way

Advocate Chaitali Jani answered
to clear title probate will in High Court it takes 4-6 months time u can email me and guide u for same . after that u can will get title on your name . U have to pay Court fees in probate that is mandatory

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 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