Advocate Dinesh N. Shah

Questions Answered by Advocate Dinesh N. Shah

Q: How do we sell flat to new buyer if we do not have chain of agreement

we had inherited from our parents flat.after he passed away.we could not find chain of agreement and also not on society record. what is the proceedure as it was purchased by parents in 1985. how do we sale to new buyer.

Advocate Dinesh N. Shah answered
before 1995 original documents are not been handover immediately to the executants like these days. You may get it in the concern Registrar Office, else you have to follow the procedure of missing documents, such as lodging of F.I.R., Public Notice in News Paper, procurement of certified copies from the Registrar Office,etc.

Q: Formation of apartment owners association

I live in a building of 6 flats. We all the flat owners are willing to form an Apartment owners association. But, one of the flat owner has never occupied his flat since the builder handed-over the flats and none of his representative has ever appeared to claim the flat. Can we 5 out of 6 owners go ahead and form the association and if yes what documents will be needed? Your advice will be a great help to us.

Advocate Dinesh N. Shah answered
for formation an Association of Apartment, first of all you need Deed of Declaration which is executed by the promoter and the land owner. Thereafter individual conveyance in form of Deed of Apartment may be executed by the promoter and the land owner/s in favour of the flat/unit purchasers. For formation of Condominium you need minimum 5 flats in the building.

Q: Right of the son on ancestral property of mother after her death

My mother died in1974 when I was 5;years old. My mother's mother , grandmother died in 1992. My mother has two more sisters and one brother. In the ancestral property which was my grandmother's name, after her death in 1992, they have shown only 2 daughters and one son and there is no mention of my mother at all. I think as per Hindu warasa act, they should consider me as well since I was there as heir after my mother's death. Please clarify is this correct understanding?

Advocate Dinesh N. Shah answered
Rules of Succession - Female HindusThe property of a female Hindu dying intestate shall devolve:firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;secondly upon the heirs of the husband;thirdly, upon the mother and father;fourthly, upon the heirs of the father; and;lastly, upon the heirs of the motherHowever, if any property is inherited by a female Hindu from her father or Mother it shall devolve in the absence of any son of daughter of the deceased (including the children of any predeceased son or daughter) not upon the heirs referred to above but upon the heirs of the father; and any property inherited by a female Hindu from her Husband or from her father in law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon their referred to above, but upon the heirs of the husband

Q: Clarification regarding domicile certificate

rules of domicile certificate of Maharashtra

Advocate Dinesh N. Shah answered
at least residence in the state for 15 years and having proof of the same. for e.g. birth certificate, rationing card, election card, electricity bill, telephone bill, school leaving certificate, etc.

Q: Co owners are not giving consent for sale of a joint property

My grandfather have 3 brothers and 3 sisters. A quite large piece of land (home) was owned by their father who passed away and the land now belong to my grandfather and his siblings. Of the 6 siblings 1 brother and 3 sisters left the home and only my grandfather and his 2 brothers stay here currently. They have divided the house in 3 parts among them selves. My grandfather want to sell the part he has but due to internal grudges nobody is ready to give their signatures to sell the part of house. Please guide us what should we do ? The house was built in 1949. We are Brahmins.

Advocate Dinesh N. Shah answered
please share your location . upfront you can ask for partition from Legal heirs of property and get the property subdivided as per uses and accordingly 7/12 or property card extract will be modified and thereafter you can sale the said part of subdivided land