Advocate G M Paramasiviah

Questions Answered by Advocate G M Paramasiviah

Q: I have a query regarding Sale deed and car parking, can builder sell parking, What are my option ?

I booked a ready to move in flat. The builder included 3 lacs for car parking in cost sheet. I agreed to that. He sent me a draft copy of sale deed on which he mentioned the car parking number along with house details. After I gave him the first 20 percent check for first installment he provided me the modified sale deed on which the car parking not mentioned in sale deed. He also got 0.1 percent for franking charges. Kindly advice me whether the car parking details should be mentioned in sale deed or not? Still I have not signed the sale deed.Kindly let me know whether the builder can complete the franking formalities without my signature in sale deed. Thank you.

Advocate G M Paramasiviah answered
in case Car Parking space is not mentioned in the schedule to the sale deed, then your seller is not selling the car parking space to you. You will get only the flat. Therefore it is necessary to mention the Car Parking Space in the schedule to the Sale deed with a recital in the sale deed that the sale includes sale of parking place along with the flat.As long as sale deed is not signed by you and registered, you will not become the owner. Mere franking does not mean anything. It is wise not to pay further instalments till proper agreement to sell the flat along with the Car Parking place is executed by both the parties.

Q: Can a mother's self-acquired property be partitioned? Specifically, what is the procedure for the pa

A wife of a deceased husband who died intestate in 2015 has a registered property in her name, acquired 20 years before her husband's death. She is a housewife and obtained the property with her saved money. My question is whether this self-acquired property is liable to be partitioned along with ancestral property among her three children, or if it remains her own property. Specifically, does the partition of self-acquired property apply in this case, and can self-acquired property be partitioned?

Advocate G M Paramasiviah answered
As the property is self acquired property of the mother, it cannot be partitioned. Mother is the absolute owner with full rights of disposal thereon. Read section 14 of Hindu succession Act - Any property possessed by a female Hindu shall be held by her as full owner thereof and not as limited owner.

Q: What does case has been decreed with costs meaning ?

Case has been decreed with costs means what? suit is decreed with costs meaning what ?

Advocate G M Paramasiviah answered
case decreed means the relief prayed by the party approaching the court has been granted and costs in your case means, the amount legally spent on the litigation by the person approaching the court is ordered to be paid by the opposite party against whom decree is passed.

Q: Do we have to pay brokerage every year in Mumbai, India?

I rented an apartment last year with the help of a person I considered to be the broker. After deciding on an apartment, our broker introduced us to a firm that manages the property for the owner, who resides in Dubai. We signed the rental agreement directly with the landlord as tenants and paid our broker one month's rent as brokerage fees. Now, when it's time to renew the rental agreement, the property management firm contacted us, stating that we need to sign a new agreement and pay them a brokerage fee of Rs. 5,000. Are they justified in asking for brokerage fees for the renewal of rental agreements? Nowhere in our agreement does it state that they act as our brokers, and this was never verbally communicated to us either. We have informed the firm that they have always acted as property managers for the absentee owner, with no indication in any communication that they are our brokers.Do we have to pay brokerage every year?

Advocate G M Paramasiviah answered
You may ignore any oral demand. When you receive any demand notice in writing you may revert for appropriate action. You may continue in occupation of the premises by paying rent regularly. You may pay the rents directly to the owner by way of cheque or DVD.

Q: What is the legal procedure to claim father's property from brother

My father died intestate. Leaving behind movable and immovable property. My brother is in custody of both. He is neither willing to share the documents nor is he willing to give me the settlement. He does not meet or allow any sort of contact for talks regarding sharing of proprty.he refuses to show any property documents. Its been almost 2 years since my fathers death. What are my options considering my current state.

Advocate G M Paramasiviah answered
As per the Hindu Succession, you are entitled to your share in the estate of your father. You file a suit for partition and separate possession of your share by paying Rs. 200/= Court fee and get your share.