Advocate Gowaal Padavi

Questions Answered by Advocate Gowaal Padavi

Q: Can widow claim husband's ancestral property after remarriage ?

If Hindu widow gets remarried, can she claim Right on property of her expired husband. Neither Will is made nor nomination is registered , what is property rights of widow after remarriage ?

Advocate Gowaal Padavi answered
In 2008, the Supreme Court also held that a widow, who remarries cannot be deprived of her share in her dead husband’s property despite a change in her marital status.While giving a verdict on a case on March 5, the Delhi court announced that a widow has the right over the property purchased by her husband in her name and her daughter and son-in-law cannot lay claim on it. This verdict was given when the court was deciding on the case of 65-year-old Lajwanti Devi, who had moved the court against her daughter and son-in-law. The two had refused to vacate a portion of the Shastri Nagar house her husband bought in her name. Additional District Judge Kamini Lau, held the woman as the owner of the house her husband purchased in 1966 in his wife's name to “provide her a secure life” after his death and her daughter and son-in-law were only having “permissive possession” of the house.

Q: what is the mhada ownership transfer procedure ?

My father bought a mhada flat at mumbai in 1993 from a tenant in those name the flat is registered in mhada. Now, after so many years today i get to know that all document are in name of my mother like power of attorney, society's share certificate etc. but, my father had not transfer the flat name to my mother name which is originally registered with mhada with first tenant. while we have paid completely all mhada rent. also we are unable to find the 1st tenant in who's name the flat is registered. now how could we transfer the flat without him being present. what is the mhada rules and regulations for transfer of flat?, kindly, help please its most urgent.

Advocate Gowaal Padavi answered
This is my response to you:1. You have to find the first owner;2. You will need to give an advertisement is newspaper;3. Have 10 years passed?4. Consult a local lawyer with full facts and take steps

Q: MCS ACT - 1960 - bye law no 169(a) penalties for encroachment of common spaces

There is a provision under Bye law no. 169(a) of the MCS Act. 1960. “For common area encroachment by members to be charged 5 times the monthly maintenance for the period of such encroachment.” (Penalties for encroachment of common spaces.) Question : 1. To levy this charge does one need approval of AGM or managing Committee after giving notice to member can levy it. It is prescribed in the law that whether such charges can be levied only after getting same passed in AGM ? Please give your opinion? 2. As per Bye-law No. 119 the member shall not be eligible for being elected as a member of the committee or co opted on it if he has rented or sublet us flat / shop and does not reside in the society. Would this cover also commercial premises and members who rent out this shop / office shall not be eligible to become Managing Committee member. Are these in accordance with updated MCS Act., 1960? Please answer our queries.

Advocate Gowaal Padavi answered
1. To levy this charge does one need approval of AGM or managing Committee after giving notice to member can levy it. It is prescribed in the law that whether such charges can be levied only after getting same passed in AGM ? Please give your opinion? Answer: The Secretary with permission of the committee will first issue notice. If the person does not respond within specific time (14 days notice as per bye-laws) then the penalty will be levied on him;2. As per Bye-law No. 119 the member shall not be eligible for being elected as a member of the committee or co opted on it if he has rented or sublet us flat / shop and does not reside in the society. Would this cover also commercial premises and members who rent out this shop / office shall not be eligible to become Managing Committee member. Are these in accordance with updated MCS Act., 1960?Answer: If the shop or commercial premises are part of the residential property and there is a common society then they are bound by the society bye-laws.

Q: Can you sell property without the original sale deed ?

I purchased flat 4yr ago. That time agreement to sale was done but sale deed was not made. Now I want to sell this flat but don't have the sale deed of flat, is sale deed mandator ?,is transfer of property without sale deed possible?, What can be done?

Advocate Gowaal Padavi answered
This is my response to you:1. Approach the Registrar office and obtain a true copy from them;2. File a police complaint that the original document is lost;3. Also take out an advertisement in three local newspapers;4. Once you do the abovementioned acts then only a buyer will purchase the flat from you;5. Consult a local lawyer and take steps.

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 Gowaal Padavi answered
This is my response to you:1. Since the chain was not found you must approach the Registrar;2. You should engage services of lawyer and obtain a title search report;3. You must also file a police complaint that the originals are not traceable;4. Then you must make an advertisement in the newspaper (3 newspaper including national and local) and invite claims on the property;5. After taking all the precautions then only the new buyer will purchase.