Advocate Chintan Thakker

Questions Answered by Advocate Chintan Thakker

Q: Property belongs to father can son take loan on that property

We are from Maharashtra, pune district. My father in law has 60 acres of agricultural land. He has 3sons and 3 daughters. I am the youngest daughter in law. My eldest bro in law has taken loan on that entire land without our consent and has started a huge business. We never get any share for any profit made by that land ever and we didn't ask for it either but now we have faced a loss in our business and we are homeless staying at my maternal place. We asked for our share but they refused. They say we must go there and do farming thats the only way we can benefit from the land. Plz advice.

Advocate Chintan Thakker answered
You are supposed to find out whether he has taken permission from your father in law for the same. You should also find out the real scenario and then you can find answers. There are some facts to be known by your good self. Kindly provide details for a better answer.

Q: How can my brother transfer property in my name

General request for information - Transfer of ownership documentation Brief Description on request for information Hi, We are having a independent house in Nagpur, which is in my mother's name. In 2013 my parents expired and I have one younger brother. So in order to proceed with transfer of ownership I have below queries and would like to know the process (documentation and cost) of transferring ownership in mentioned scenarios. Scenarios 1. If my brother agrees to transfer the property in my name than can it be directly transferred in my name? If yes than what is the process

Advocate Chintan Thakker answered
There are some options like 1) he can execute a release deed in your favour, 2) he can give his share through a gift deed, 3) a family arrangement can be executed between you, other family members and him. All these options should work. The Stamp Duty and Registration fees payable will be different.

Q: Society creating issue can I make affidavit or confirmation deed

Sale deed between bro was made in 1993 and was not registrated and stampduty was not paid , on that base the falt was trasfered to the elder bro and the indiminity bond was also made at that point which help all the documation. now after 23 year the society is creating a issue saying u r not the owner of the flat but a nominal, we have put all the document for aducation department to pay stamp duty proceeduer but still therewating for the reply, now the thing is that the younger broi poassed away now i want to knw should we make a affidavit or go for a confirmation deed

Advocate Chintan Thakker answered
Your question is confusing. Though if the property has been gifted by one brother to another then it was supposed to be registered. For society's membership you can offer them an affidavit and an indemnity bond but the ownership title needs to be cleared for avoiding future title issues.

Q: Parking issue below my building under padgi system please advice

Hi, I live in a building in mumbai and there is a pagdi system liable out here. Below my building is the corporators office(commercial office below our building), so at any time of the day his 2 cars are parked just outside the building which makes it impossible for my family to park 2 two wheeler bikes sometimes. Request you to let me know how can i proceed with it, also since he is the corporator he would have immense powers to shut us. Please help! Thanks

Advocate Chintan Thakker answered
You cannot restrict him from parking his vehicle if its parked on the public road. It is the RTOs Job to do that. A public road is a property of the public in general and not someone's private property. So if the said road is not in your buildings compound, there's hardly anything that could be done in your case. Its not about his powers since, even he is on the same Footing as you are in terms of parking the vehicles on a public road.

Q: Can mother remove my husband's name from share certificate

My question is - I lost my husband 3 years back . the flat is in my motherin law name and second is my husband name . Till last year we had got the NOC for the building and after his death my mother in law didn't allow me to stay in the house and we are still not in talking terms. Is there a possibilty that they can remove my husband name from the share certifcate after showing his Death certificate without my consent, as they have got the OC this month.

Advocate Chintan Thakker answered
It depends upon who is the owner of the flat. The membership of society and ownership of flat are different concepts. If your husband has purchased the property in his own name you are entitled for a share in his flat. If its in your mother in laws name the situation is different. Clarification is needed to answer this question.