Advocate Clerence Pereira

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: 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.

Q: Property registered in name of uncle

My grandfather had purchased 30-40 years back a shop and a flat in Mumbai, and registered in the name of elder son. Now after the demisal of grandfather and grandmother, the elder son is denying to share this mumbai shop and flat in all brothers as it is in his name and ready for sharing village property as it is in all brothers name. Please guide is it legally possible to divide and equally share among all brothers this mumbai flat n shop?

Advocate Clerence Pereira answered
once a self acquired property is sold during the life time of your grandfather to his eldest son such property becomes the sole proprietor property of the eldest son and there will be no share for others. if you want to ask share in such property then the only relief as per law is to file a declaration suit u/s 34 of the specific relief act to set aside such transaction as either fraud or a nullity after such decree the question of shares shall arise.

Q: I wanted to know what is the best way to transfer property

I am the own son and my father wants to transfer the property in my name in his lifetime what is the best option that we have.

Advocate Clerence Pereira answered
as per section 34 of the Maharashtra stamp act the stamp duty for a registered gift deed is rs 200 in case of residencial or agricultural properties gifted to family member blood relatives only. hence if the property is residential or agricultural i suggest to do gift deed or else the stamp is 3% to 7% depending on other factors..