Advocate Deepanshu Garg

Questions Answered by Advocate Deepanshu Garg (100+ answers)

Q: DDA flat in Mother'and my name

My mother died in Jan 23 and I am cowner of the DDA flat. My brother and my sister along with me are 3 legal heirs.It is on power of attorney.What kind of Deed fro tranfer of legal rights in my favour by my brother and sister.

Advocate Deepanshu Garg answered
even though the flat is based upon on attorney, however you can get a relinquishment deed done in your favour which is 100% title document and no stamp duty is payable on the same. only need for the same is to have a surviving member certificate.

Q: Property & will releated query

Hi,My son is died and his wife remarried to someone and has two kids. I have another son with his wife and tw0 kids. We have one property. Now my query is that my died son's wife remarried. Can she claim in our esisting property? We dont want to give her any share as she has already taken all belongings, LIC , Cash & jewellery..Also her behaviour was very bad towards us and without any information she remarried. What steps wwe should taken to secure this?

Advocate Deepanshu Garg answered
in your circumstances, I will suggest you to go ahead with registration of a Will as according to me the wife who left became the co owner upon the death of her husband. merely marrying other person doesn't go away with the rights already transferred to her as per succession.

Q: grant /issue of succession certificate to my sister in law

My brother died of a heart attack at the age of 47.He had stocks/securities worth ₹32 lakhs in Zerodha.My brother's wife (my sister-in-law) has requested the court to grant a succession certificate in her favor with respect to these stocks/securities.She has filed the application in Tis Hazari Court, New Delhi.The court has asked my mother to appear in court to show cause against the application. Failing this, the application will be heard and determined ex parte.Now, my mother wants to o

Advocate Deepanshu Garg answered
as per Hindu succession law your mother also has a share, so she has a right to claim her share in this. she should be present and file objection in this regard immediately to claim the share.court fees will be paid in ratio at the end of the case

Q: Error in registered gift deed exexuted.

My father gifted me property by execution of registered deed but the book and volume number of original deed mentioned in the present gift deed is incorrect. Can my brother challenge the deed in court for cancellation?

Advocate Deepanshu Garg answered
hi, gift deed is full transfer of ownership. merely mentioning incorrect details doesnot violate the intent and nature of the document. although no one can stop a person from challenging anything but yet he will not succeed. moreover, if dispute arise you can demand him to come forward to get things corrected.

Q: DDA flat has been booked by MCD..need to remove this booking.

MCD had sent demolition order for our one rooftop room and a washroom to which ATMCD gave immunity saying it was constructed before 2007 under the master plan however asked to remove washroom which we removed... However, now mcd still has booked our flat saying you need to remove the room aswell in order to remove booking as per our norms... They said court just gave you the immunity but booking would still be there.. So it is contrary to atmcd court... What to do

Advocate Deepanshu Garg answered
if it is so first try to get it regularised, if they still don't do then file an appeal before the court citing this immunity order.things can be managed from the end of mcd easily.if this is wrongly booked you contest it easily. this can be managed