Advocate Clerence Pereira

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Questions Answered by Advocate Clerence Pereira

Q: Possess copy of house purchase agreement. Original misplaced

HinMy original house purchase agreement is misplaced. I possess copy/xerox of purchase agreement. I possess the original share certificate. Request the procedure to obtain another original/certified copy of the said agreement which will be equivalent to original copy by law.

Advocate Clerence Pereira answered
First you will need to apply to your competent registration office for certified copies of the document. It is also recommended to file a fir, as it will be a legal requirement while selling the property in the future.

Q: Transfer of Property in the Nominee Name .

My Grandfather has office premises in Mumbai, which is in his name.My Grand Father before his death has nominated my father as 100% legal owner of the property. This has been accepted by the Society. In my Grandfathers WILL It is also mentioned that that the said property can be transferred to my fathers name.My Fathers sister has also given an NOC for thisWhat is the procedure to transfer the said premises in my fathers name. The Manager was insisting of getting the probate. But as I am having the WILL, the NOC and the nomination acceptance from the society then why is the use of the ProbatePlease let me know the legal procedure.

Advocate Clerence Pereira answered
probate rules are different from that of a nomination. probate is allowed and granted in metropolitan cities including Mumbai. however in your case it's not necessary as the nomination of your father is done by your grandfather during his lifetime hence the society need not ask you to get a probate of the will which is absolutely unnecessary. the society must follow it's guidelines as per MCS act which stipulates and recognises nominations and the nominee and the society cannot reject your application to enter your father's name and it's unlawful. i would suggest to talk some sense to the society's administration if they do not listen issue legal notice and complaint to the society registrar office.

Q: Need to Know if Rent can be increased on Successor

The tenant deceased although the law states the tenancy transfers to a member of the family residing with deceased tenant can we increase the rent based on fair market value? The law only allows 10% increase in rent but the Fair market value is much higher and it is difficult to maintain the property if tnenat pays only Rs.1,500 per month for 960 sq ftPlease use whatsapp to contact me as I'm currently traveling.

Advocate Clerence Pereira answered
as per the rent control act, a permissible increase in the rent is allowed with prior notice to the tenant. the law also recognises fair market value, yes the fair increase is 10 % however the same can be increased if the maintenance of such property is higher than its rental income. if the tenant fails to negotiate the terms of rent you can file a case in the rent court or civil whichever is the correct jurisdiction to allow increase in rent as per market value and the court may on evidence so provided increase the rent and adjust the same accordingly as per comparable value of other property in the market.

Q: Parking in cooperative housing society is not allocated from 5 years

A Land is/was owned by Trust where Tenants resided. Trust sold Land along with Tenement Rights to the Developer & instead of Conveyance a Agreement for Sale was registeredPer deal, Developer will pay Monies to Trust & Rehab Building for Tenants on Ownership & execute perpetual lease of land on Rehab Building, build a Sale Building on residual land, he will handover all Car Parking of Rehab Building to Trust nn"Upon completion, Trust will convey Land in favor of the Developer"nnDeveloper completed their obligation, but land Conveyance is pending by trust hence balance payment & Handover of Car Parking to Trust is pendingMy questionsn1. Can the Sale Agreement stating Developer will hand over Car Parking to Trust & Trust claiming they become absolute owner of Car Parking will have LEGAL Stand?n2. Can Trust Sell Car Parking of Rehab Building to the Owners of Rehab Building?n3. What will be the Legal impact, If we start using car parking without intimating trust or builder?

Advocate Clerence Pereira answered
whilst reading the above query and giving opinion only on the aforesaid, the agreement of sale if stipulates that the parking once handed over to the trust, it becomes the trust absolute property and the trust can do whatever it wishes to do limited to the rules of agreement to sale however the trust can only sale the Said parking if FSI was used to construct of the said parking in the project so approved by local building authority or else it will be either a common car park or the trust shall assign the same to it's tenants free of charge to be used by tenants However all this will be permissible if the trust performance it's obligations as per the agreement to sale and the builder hands over the possession of the car parking to the trust, until such time it is the builder right ful possession and prior intimation will be necessary from the builder for the usage of the parking space.

Q: Society asking to relocate AC compressor Unit

I live on the 4th floor of a 4 storied building. I had had a AC installed in my bedroom which has the compressor unit outside the grill, not facing towards the common area, not obstructing any neighbor's view or coming into a common area. However I am being threatened to be fined for the same if not removed. Request your legal advice on 1.Should I remove the compressor unit, if yes, who would bear the cost 2.Can my society fine me if I do not remove the unitYour expertise is very much appreciated.

Advocate Clerence Pereira answered
let me start by saying that society is the final authority to protect the interests of society and its members from doing acts that may cause a nuisance to society's property and other members however the compressor unit installed may not cause any issues, but one must take prior permission from the society before installation as that may obstruct or maybe cause issues to the facade of the society building and most societies have rules in place in such events. hence the cost of removal will be borne by you.