Advocate Devashish Dilip Wani

Questions Answered by Advocate Devashish Dilip Wani (25+ answers)

Q: Represent in filing appeal to MahaRERA tribunalthe draft is ready

Represent in filing appeal to MahaRERA tribunal the appeal draft for filing is ready, advocate need to verify if it good to go ahead - also need to represent hearings

Advocate Devashish Dilip Wani answered
Dear Sir/Madam,Thank you for your query. I can review the draft appeal, examine the MahaRERA order and supporting documents, advise on the merits of the case, make necessary corrections (if any), and represent you before the MahaRERA Appellate Tribunal for filing as well as during the hearings.Kindly share the relevant documents for an initial review.

Q: HowMuch approx time it take to file Maintenance, called for mediation

How much time approx in general it can take to file Maintenance case n be called for mediation if spouse is ready? *I want to know are all maintenance case filed sent to mediation?*Imp question is If only a maintenance case filed and then going for mediation and opt for mutual divorce, How Much approx months (time) is this Entire process?? Min and max time please if you hv expertise on this

Advocate Devashish Dilip Wani answered
Dear Sir/Madam,Not all maintenance cases are referred to mediation. However, where both parties are willing to settle, Family Courts generally encourage mediation. If a settlement is reached and the parties opt for mutual consent divorce, the process may typically take around 6–12 months, subject to court timelines and the facts of the case.

Q: Need to teach nobroker moverpacker department a lifetime lesson.

Increased quotation from 55k to 76kIntroduced a third vendor best packersThe staff of which was rude ill mannered and packed carelesslyManually plucked all the leaves from each plant stole expensive planters and bonsai from the inventory Nobroker took no accountabilityI am willing to spend even a lakh but help me sue and ruin this company they broke me emotionally with the intentional damage to plants which were personal to me

Advocate Devashish Dilip Wani answered
Dear Sir/Madam,The facts disclosed indicate a prima facie case of deficiency in service and unfair trade practice against the service provider and its appointed vendor. If the increase in quotation was unjustified and the goods, including valuable plants and planters, were damaged, mishandled, or lost during the shifting process, the consumer may seek compensation for actual losses, mental agony, and litigation costs before the Consumer Commission, subject to supporting evidence such as photographs, invoices, communications, and inventory records.

Q: Ancestral Property Transfer to Legal Heirs

Sir,My Mother died in 2018 without leaving a will but only a nominee which was my brother. The society has transferred flat to him by way of nomination. After the death of my father the flat needs to be transferred among all the 5 legal heirs.What documents need to be submitted to society for flat transfer among the 5 legal heirs. Any compulsory requirement of a succession certificate????Will Family Settlement Agreement among 5 legal heirs suffice? Is stamp duty applicable to FSA.

Advocate Devashish Dilip Wani answered
Dear Sir/Madam,A nominee merely holds the flat in trust for the legal heirs and does not become the absolute owner. In the absence of a Will, the property devolves upon all legal heirs as per the applicable succession law. A registered Family Settlement Agreement executed by all five legal heirs can ordinarily suffice for transfer by the society, along with death certificates, legal heirship proof, indemnity and other prescribed documents. A Succession Certificate is generally not mandatory for transfer of immovable property, unless specifically insisted upon due to a dispute. Stamp duty would be payable on the Family Settlement Agreement as per the applicable provisions of the Maharashtra Stamp Act.

Q: Guidance required on the Property Dispute and Legal Proceedings

My father died intestate but my father's sister (my aunt) had made fraud documents/will Gift deed and etc stating that my father transfer the property in her name which is false and she has made fraud documents so that she will claim all the property, she has acquired everything like movable and immovable property of my father and now she is threatening us that she will not give us anything, we do not have any document of the property so we are confused that whether we can file the case.

Advocate Devashish Dilip Wani answered
Dear Sir/Madam,If your father died intestate, his legal heirs may have a lawful claim over his estate. If the alleged Will, Gift Deed, or other documents are forged or fraudulent, the same can be challenged before the competent court and appropriate civil and criminal proceedings may be initiated. Even if you do not possess the property documents, certified copies can be obtained from the concerned authorities. Accordingly, you may have a valid cause of action subject to verification of facts and documents.