Advocate Ibji Majid Anwar

Questions Answered by Advocate Ibji Majid Anwar

Q: What is the procedure of obtaining legal heir certificate

My father died without making will and the legal heirs are his wife, 2 sons and 1 daughter. He has flat in his name at navi Mumbai of which he has submitted nomination to housing society but it is not signed by him. so our local lawyer told that we have to take legal heirship certificate. Now my questions are: (1) Whether we have to take legal heirship certificate to take charge of the flat? (2) How much is cost for taking legal heriship certificate? 

Advocate Ibji Majid Anwar answered
Yes, legal heirship certificate is required for transfer of shares Depending on value of the flat, applicable court fees will be calculated and required to be paid Other Miscellaneous expenses and Legal Fees applicable

Q: Legal rights of the second wife of a divorced man

I m hindu widow with one kid, i want to know that if i m going to legally remarry a legally divorced man then should i get all the rights as wife or his divorced exwife has any rights ? Their divorce took place before two years.

Advocate Ibji Majid Anwar answered
Yes, you will get all legal rights of your legally wedded husband. Rights of the ex wife of legally divorced man depends on the terms of divorce, if the husband has agreed for alimony in form of some properties transfer then she can claim rights

Q: Registration of property in the name of buyer before the sale

i am selling my flat i have taken token amount for the same but buyer is asking to register the property because he wants to apply home loan from a bank .As per him after geting home loan he wlll pay remianing amount?Should i regiter ? what should i do ? or is there any other way for the same.Please help me out

Advocate Ibji Majid Anwar answered
Part Registration has to be done i.e. agreement for sale with condition specified about balance payment and that sale deed will be registered after receipt of full payment and possession thereafter. As without the agreement for sale bank will not disburse loan amount.

Q: How the PDC cheques payment clearance can be done

I Received two PDC cheques different dates but when I was present the first cheque that was stopped. When I called him he told me wait I'll tell you date to clear amount but he isn't not cleared amount after the 45 day's And second cheque date also over First cheque date is 30/06/2018 Second cheque date is 30/07/2018 Still not clear the payment

Advocate Ibji Majid Anwar answered
Validity of cheque is three months, if the cheque is not honoured, you need to send demand notice through advocate within one month of cheque return thereby giving fifteen days time to the drawer of the cheque for making payment. If the drawer fails to honor the demand, then legal case should be filed under section 138 of Negotiable Instrument Act with one month from the expiry of the demand notice period of fifteen days.

Q: Clarification regarding gift deed

A gift deed has been made in the sole name of father by grandmother in whose name the property is in. Is an NOC required to now change the name in a co-op housing society's musters as that of my father's.

Advocate Ibji Majid Anwar answered
Your query is not clear, whether society is asking for any noc or is that you are just worried if any NOC would be required. For transfer of share certificate, copy of the gift deed along with membership application form is required to be submitted to the society.