Advocate Jay Chauhan

Questions Answered by Advocate Jay Chauhan (25+ answers)

Q: Property not main by the owner for more than 25 years

A property was verbally given to me. I was fully maintaining and repairing the property. The owner never came to have look at property for the last 25 yrs. Even the property tax was paid by me. Now he wants the property back as it is still in his name. Can he legally claim the property.

Advocate Jay Chauhan answered
On the facts stated, a verbal understanding does not transfer ownership in immovable property.Under law, title in immovable property can pass only through a registered instrument. Since the property continues in the original owner’s name and no registered transfer deed exists in your favour, you do not acquire ownership merely because you maintained the property or paid taxes.Payment of property tax and long possession may support a plea of long, uninterrupted possession, but that alone does not automatically confer title.However, if you have been in open, continuous, exclusive, and hostile possession to the knowledge of the true owner for more than 12 years, you may examine whether a claim of adverse possession is legally sustainable. This requires strict proof and is not easily established.Prima facie, the recorded owner retains legal title and can seek recovery, unless you successfully establish a legally recognized right in court.You should immediately consult with all documents and evidence of possession before any action is taken.Adv. Jay Vijay Chauhan

Q: Joint account: bank demanding claim forms to remove deceased holder

My late husband and I had a joint current account. I am the surviving holder and want to continue the same account (not withdraw/claim balance). The bank is demanding Annexure 2 & 4 (claim forms) and Annexure 12 (receipt for unspecified amount) just to delete his name. They refused to share RBI guideline/policy and told me to “search RBI website”. Is this legal? What is RBI procedure/escalation? Can I seek damages for demanding a blank receipt and refusing to unfreeze while investments bounce?

Advocate Jay Chauhan answered
Dear Madam,If the account was held under an “Either or Survivor” mandate, you are legally entitled to operate and continue the account upon submission of the death certificate.Claim settlement forms are ordinarily required when payment of balance is sought. If you are merely requesting deletion of the deceased holder’s name, the bank must justify the legal basis for insisting on such annexures.Signing any blank or unspecified receipt is not advisable and may expose you to legal risk.If the account has been frozen without lawful justification and this has resulted in financial loss, you may seek remedy through: 1. Written grievance to Branch and Nodal Officer 2. Complaint under RBI Integrated Ombudsman Scheme (if unresolved within 30 days) 3. Consumer Commission for deficiency of service and compensationPlease share: • Account mandate type • Copy of communication from bank • Whether any legal heir dispute existsAfter reviewing documents, appropriate legal notice can be issued.Regards,Adv. Jay Vijay Chauhan

Q: Builder not giving possession on time last ten years

I am purchasing the flat from builder before three years he is not registered with maharera. builder is not giving possession every time he is saying we will give possession but he is not giving now I want to cancel the flat and I want money back what action can I take please suggest me

Advocate Jay Chauhan answered
Your case is legally strong.If the builder is not registered under MahaRERA and has delayed possession for three years, this amounts to serious statutory violation and breach of contract.Under the Real Estate (Regulation and Development) Act, 2016: 1. Every project exceeding the prescribed limit must be registered with MahaRERA. 2. Failure to register itself is punishable. 3. Delay in possession gives you the right to: • Withdraw from the project, and • Claim full refund with interest and compensation.You have the following legal remedies: 1. File Complaint before MahaRERAEven if the project is unregistered, complaint can be filed. MahaRERA can impose penalty and direct refund with interest. 2. Consumer Commission ComplaintDelay in possession is deficiency of service. You can claim refund, interest, and compensation for mental harassment. 3. Civil Suit for RecoveryIf required, recovery suit with interest. 4. Criminal Action (if fraud is evident)If builder collected money knowing he cannot deliver, criminal complaint under cheating provisions can be considered.Before proceeding, I will need: • Agreement copy (if any) • Payment receipts • Brochure / advertisement • Any written possession commitment • Proof that project is not registered under MahaRERA

Q: Update Required on 7/12 Extract Status

Dear Sir/Madam,I purchased Plot No. ___ three years ago on an 11-month installment plan. I was informed that the 7/12 extract would be transferred to my name by 01-08-2023.When I recently asked for an update, I was told that some government work was pending and that a small portion of the plot was affected during layout sanctioning due to a case raised by another party. I have now been told that all issues are cleared.I request confirmation of the current legal status of the plot.

Advocate Jay Chauhan answered
Your message raises serious legal concerns.Before accepting any assurance that “issues are cleared,” you must obtain documentary proof.Kindly seek the following immediately: 1. Latest 7/12 extract (current certified copy) 2. Mutation entry (Ferfar) details 3. Layout approval order from competent authority 4. Copy of any case filed earlier (with case number and disposal order) 5. Confirmation that no portion of your specific plot is reduced, reserved, or under acquisitionVerbal assurances have no legal value.If the plot was affected during layout sanction due to litigation, you must verify whether: • Area has been reduced • Boundaries have changed • Access road is impacted • Any third-party claim still existsUntil 7/12 is mutated in your name and title is clear, your ownership is incomplete in revenue records.I strongly advise conducting a complete title search of the last 30 years before proceeding further.If required, I can assist with legal verification and issue a formal notice to the developer seeking documented clarification.Regards,Adv. Jay Vijay Chauhan