Advocate Chinnmay S. Shah

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