Advocate Gopal Prabhakar Nagre

Questions Answered by Advocate Gopal Prabhakar Nagre

Q: Wrongful possesion of the flat

We are two brothers and a sister. I, the elder brother, staying in Dubai for last 24 years and was not interfering in father's affairs. After father's death 2 years back we noticed that father had given nominee for his bank accounts to my younger brother which he had withdrawn and kept with him. The flat where father was staying was not being given for rent due to my brother's opposition. Suddenly 2 month's back his wife had made her office in that and started business from there. She is neither giving us rent and nor allowing us to give for rent. Now we noticed that father had given my name as nominee (100% share). So I want your advice what I am suppose to do? We are Hindu bdw.

Advocate Gopal Prabhakar Nagre answered
Three of you have 1/3rd right each (1/4th if mother is alive) in bank balance as well as flat. Nominee is only trustee kind of caretaker who will hold property. So rights of legal heirs are not affected merely because nominee was appointed.You can ask for accounts of bank balance of you father and aldo claim your right to share in it.You are nominees for flat so you can approach society and get share certificate transferred on your name. You will be mere trustee and rights of other legal heirs in flat not affected. There are restrictions on use of flat in society for business purposes. You can issue notice to sister-in-law taking objection. You can go for partition suit.

Q: How much Rupees stamp paper require for General Power of Attorney?

How much Rupees stamp paper require for General Power of Attorney? Is there any provision specified for the requirement of stamp paper (100? / 500?)? Main purpose of the POA to appear before the court or to sign affidavit or document for the courts proceedings.

Advocate Gopal Prabhakar Nagre answered
Stamp paper of Rs.500/- will be required for POA in your case. Maharashtra Stamp Act provides stamp duties to be levied on various types of documents. For your purpose a notarized POA to that effect will be sufficient.

Q: Land acquisition for road development

Our village is a rural area. There is a SH 73 road which connects the bus routes nearby. Now as a development towards our village the road was taken over by PWD and started widening the road from 5m to 8m(approx). At earlier in PWD already given notice for some people to do not construct home up to 8 m area. In that work while widening several lands were acquired and part of many houses were destroyed. While approaching for compensation political parties refused about this and requested to be calm so that the work will get completed for the development and other bus facilities. So I want to know that is there any facility to get the compensation for whole land owners of my village who's land are aquired.

Advocate Gopal Prabhakar Nagre answered
Compensation is payable even if an inch of land or other property is acquired by government for whatever purpose it may be. Compensation is calculated by officials and paid. If you think it is inadequate then you can approach and contest proceedings before Land acquisition officer. There are various factor & legal provisions which will impact such proceedings.

Q: Father want trnsf Flat or its after sales money to only one child name

We are only 2 adult unmarried children (Son 46 yrs and daughter 44 yrs, she is not working) of my father (82 yrs govt retired pensioner) living with him only and mother is expired already. As me and my father have no good relations with his daughter or my sister so my father now only (before his death) wants to transfer his (own money invested) current living flat or after flat sale all money on my (his son) name only and wish to give any to his daughter. So guide me how we can do legal formalities on this issue so in future I will not get any claim related problem from his daughter or my sister?

Advocate Gopal Prabhakar Nagre answered
Perquisite:1. The flat must be srlf acquired property of the father i.e out of his self earned money not family money.2. Father must be in sound state of mind.Options:1. Gift Deed or Sale deed - From the father to you. Here stamp duty and registration charges will be incurred.2. Will - Probate from the Court of law will be required to be obtained after death of the father i.e. proving will.

Q: Gifting a shared property by one owner to a friend

If in a property shared by father n son (1:1) and son wants to gift his share to a close friend,is it possible? If yes , what's the right procedure

Advocate Gopal Prabhakar Nagre answered
You can executive a gift deed for your share in said property in favor of your friend. However there are various important factors to be taken into consideration such as nature of property, use, source etc. Consult Lawyer as detailed comment cannot be given without going through documents.