Advocate Chinnmay S. Shah
He provides services in the various fields of law, that is, Property, Tax, Corporate, RERA Matters and drafting and vetting of various agreements and documents.
Advocate Chinnmay enrolled with the Bar Council of Maharashtra & Goa in 2014.
Enrollment Number : MAH/4873/2014
- Bombay High Court
- District and Sessions Court, Mumbai
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Questions Answered by Advocate Chinnmay S. Shah
Q: Nomination, plus will, (no probate done, yet?)
My father changed his mind in the end of his life, asked me to get papers made, during the first lockdown. A will was signed after doc visit in the morning, died in the night. Society still hasn't transferred, after 20 months. Who do I approach? Can registrar do anything? Help!
Advocate Chinnmay S. Shah answered
Hello,As per the latest supreme court guidelines to get the property transferred unto the name of the beneficiary of the deceased you have to get the probate from the high court since there is a WILL involved in your case. To obtain a probate it will easily take 6months of time where once you get the probate on the basis of that society shall transfer the flat to the beneficiary.
Q: Flat sale agreement after death of one owner
I am purchasing property which is in name of two people (Husband and wife). Husband died leaving behind 4 children and wife. Now we are entering into flat sale agreement with wife and 4 children party to it and confirming the full consideration will go to his mother.Is it a right way to do??.
Advocate Chinnmay S. Shah answered
Hello,Ideally if the wife is doing the transaction on behalf of everyone to have a proper title of the property you should make sure a release deed, is executed where the 4 children will release their share in 50% of fathers property unto their mothers name. Once she is the 100% owner she can execute a sale deed.
Q: Daughters right on Fathers property
Does a married daughter have any rights on her father's property? My father was died before 2005 my mother is alive,still now there is no any partition deed or anything has not been done Please let me know
Advocate Chinnmay S. Shah answered
Hello,If you father was the owner of the property, and if the property is self owned your fathers sister will be termed as class 2 legal heir they will not be having the first right, but you and your mother will be having first rights in the property they cannot object anything.The best is to execute a release deed and get it transferred.
Q: Unauthorized occupants living in flat and not paying maintenance bills
My inherited flat is occupied by some relatives since long time because I was living overseas.Some other relative was paying bills for them as occupants are jobless.Now I have come back to India and started paying the charges in hope that they would give back possession. But they are not, so I stopped paying the Society maintenance charges and they also are not paying.So what happens now? Bill is in my name and charges not being paid by them. What can I do to get them out or pay the bills.
Advocate Chinnmay S. Shah answered
Hello,You have to approach the court and file for an eviction suit which will help you in vacating them from the property which will not only secure your property but also you can break the chain of adverse possession if they are planning to do so, though bills and maintenance alis coming under your name so at least you are secured.File for an eviction suit, and criminal trespass and cheating case against them.
Q: Power of attorney versus Gift Deed to friend
Hi,Due to some unavoidable reason, me and my friend are planning to buy a property which is going to be registered in my name. However, I will be giving a irrevocable power of attorney soon after so he can take all decisions regarding sale / rent etc. I do not want any rights per se. While our relation is absolutely great, but we want to take legal precaution if there is some dispute comes between us. Hence my question is :1. Is getting an irrevocable power of attorney full proof? Can it be challenged later? 2. Is it possible to do a gift deed instead of POA? But I suppose some taxation issue will come in gift deed registration?What is the best way to make sure that even in future if disputes come, this transaction is full proof?thx
Advocate Chinnmay S. Shah answered
Hello,First and foremost important thing how is he going to pay money towards the purchase of the property, if he is transferring it to the sellers account he has to be a part of the agreement as it will attract income tax liability on him in future. If you want to do a gift deed it will attract stamp duty, to secure each of yourself in future make agreements in both of your name and he can give you a specific poa to manage the affairs of the property only. An mou also can be made between both of you in regards to the property which has to be registered ut that does not stand strong ground of proof.Hence it is better to make both of you as a parties to the agreement.Thank you
Frequently Asked Questions about Advocate Chinnmay S. Shah
Can Advocate Chinnmay S. Shah represent me in court?
Yes, Advocate Chinnmay S. Shah can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Chinnmay S. Shah?
When you meet with Advocate Chinnmay S. Shah for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Chinnmay S. Shah?
Before your initial consultation with Advocate Chinnmay S. Shah, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Chinnmay S. Shah?
During your initial consultation with Advocate Chinnmay S. Shah, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Chinnmay S. Shah?
It is important to communicate with Advocate Chinnmay S. Shah regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Chinnmay S. Shah?
The cost of hiring Advocate Chinnmay S. Shah can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.