Advocate Jairam Chandnani

Questions Answered by Advocate Jairam Chandnani

Q: property law partition law suit property

is it mandatory to serve legal notice in suit for parition of property ? what is the procedure of suit for parition of property ? what can i do in case of self accquired property if decased left no will

Advocate Jairam Chandnani answered
1. Mandatory Requirement to Serve Legal Notice in a Suit for Partition of Property: While it is not mandatory to serve a legal notice prior to filing a suit for partition of property, it is generally advisable to do so. Serving a notice demonstrates an attempt to amicably resolve the matter before initiating litigation. Courts often view such attempts favorably. However, in case of urgency or if amicable resolution is not possible, you may proceed directly with the suit.2. Procedure for a Suit for Partition of Property:Step 1: File a plaint before the appropriate civil court with jurisdiction over the property, clearly outlining the facts, your share in the property, and the relief sought (partition and possession).Step 2: Ensure that all necessary parties (co-owners/legal heirs) are included as respondents in the suit.Step 3: Along with the plaint, submit supporting documents such as title deeds, mutation records, family tree, or any other relevant evidence establishing ownership and rights.Step 4: Once the suit is filed, the court may issue summons to the respondents to appear and present their case.Step 5: Based on evidence and submissions, the court may pass a preliminary decree declaring the shares of each party. Thereafter, a final decree is passed, and physical partition (or sale and distribution of proceeds) is effected, often with the assistance of a court-appointed commissioner.3. Self-Acquired Property When the Deceased Left No Will:In the absence of a will, the self-acquired property of the deceased is distributed as per the laws of intestate succession under the respective personal law:Hindu Succession Act (if applicable): The property is divided among the Class I legal heirs, including the spouse, children, and mother of the deceased.Other Personal Laws: The rules of succession vary depending on the religion of the deceased and should be examined accordingly.Should you require assistance in serving legal notices, drafting, or filing a partition suit, our firm is equipped to guide and represent you through the process.Feel free to contact us for further assistance or clarification.Warm regards,Jairam ChandnaniAdvocateLexim Associates

Q: Property under consideration for re-development

Greetings,Can a will be made for a property for which paper work for redevelopment is in progress?

Advocate Jairam Chandnani answered
Yes, a will can certainly be made for a property undergoing redevelopment or for which paperwork is in progress. The testator (person making the will) can specify the property details in the will and clearly state that the bequest includes the redeveloped property, once completed. It is advisable to include references to the redevelopment agreement and any rights, benefits, or obligations associated with the property to avoid ambiguity.For better clarity and to ensure enforceability, consulting a legal professional to draft or review the will is highly recommended.Best regards,Jairam ChandnaniLexim Associates

Q: Can A Mother Claim A Flat If It Is Co Owned by Sonand His wife

Can parentsmake a claim on the flat which is owned by her Son and daughter in law? Both Parents do recieve pension, already have their own flat and have a daughter who is divoerced and staying with them. She is earning well for herself.

Advocate Jairam Chandnani answered
1. Ownership of Property:As per Indian property laws, a flat registered in the name of the son and daughter-in-law is considered their exclusive ownership. Parents cannot claim any ownership rights unless they can prove that they have contributed financially to the purchase of the flat or hold a registered interest in the property.2. Maintenance and Welfare of Parents:The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides that children are obligated to maintain their parents if they are unable to sustain themselves. However, this does not entitle parents to claim ownership of the children's property, particularly when they already have adequate means, such as a pension, their own flat, and financial stability.3. Financial Independence of Parents:Given that both parents receive a pension, own a separate flat, and have no financial dependence on the son and daughter-in-law, any claim on the flat is unlikely to hold merit. The presence of an earning, independent daughter further diminishes the likelihood of dependency.4. Moral and Ethical Aspects:While legal rights are separate from moral obligations, it is advisable to ensure that family relationships are managed amicably to avoid unnecessary litigation.5. Legal Recourse Available to Parents:Parents may attempt to file a claim under the guise of financial dependency or contributions made toward the flat. However, without concrete proof of dependency or financial involvement, such a claim is unlikely to succeed.In conclusion, based on the information provided, the parents do not appear to have a valid legal claim over the flat owned by their son and daughter-in-law. However, if there are additional details or documents, we can review them to provide a more specific opinion.Jairam Chandnani, Advocate Lexim Associates

Q: Guidance on Removing Wife’s Name from PMAY

During the registration process for the Pradhan Mantri Awas Yojana (PMAY), my wife’s name was included. However, due to certain personal circumstances in the past, I would like to explore the possibility of removing her name from the application. Currently, the agreement has not been finalized.If my wife agrees, is it legally permissible to proceed with the agreement under my name alone, excluding her name? Would CIDCO or the concerned housing authority allow this

Advocate Jairam Chandnani answered
1. Legal Permissibility:If the agreement under PMAY has not yet been finalized, and your wife consents to her removal from the application, you may submit a formal request to the concerned housing authority or CIDCO.The process typically involves submitting an amendment request, supported by a written consent/affidavit from your wife affirming that she has no objection to being excluded from the application.2. CIDCO and Housing Authority Approval:While such amendments may be permissible, CIDCO or the concerned authority reserves the right to accept or reject such requests based on their internal policies and guidelines.You will likely need to provide justifications and requisite documentation, including an affidavit from your wife, proof of your eligibility to continue as the sole applicant, and compliance with PMAY guidelines.3. Steps to Proceed:Submit an application for amendment along with a no-objection affidavit from your wife.Provide supporting documents such as identification proofs, PMAY application reference, and other documentation as required by CIDCO.Follow up with CIDCO or the housing authority for their confirmation or further requirements.4. Additional Considerations:It is crucial to verify whether the amendment will impact your eligibility or the benefits under the PMAY scheme.Ensure compliance with all legal and procedural formalities to avoid complications.

Q: Legal Advice on Verbal Property Partition and Ownership Rights

My father and uncle worked together and acquired multiple properties over the years. However, these properties were individually registered—some in my father’s name and others in my uncle’s name. In 2016, they verbally agreed to divide the properties among themselves without executing any formal legal documentation. Recently, he transferred one such property, registered in his name, to my brother. However, my uncle is now contesting the transfer, claiming that verbal partition has no legal stand

Advocate Jairam Chandnani answered
1. Verbal Partition Agreement:Under Indian law, any verbal partition or agreement regarding immovable property holds limited legal validity unless supported by evidence, such as written documentation or actions that substantiate the agreement. A mere verbal understanding, while morally binding, may not carry sufficient legal weight in courts unless corroborated by supporting evidence.2. Ownership and Registration:Properties registered in an individual’s name confer legal ownership to that person. Hence, properties registered under your father’s or uncle’s name are legally their individual properties unless proven otherwise through documents like a registered partition deed or family settlement.3. Transfer to Your Brother:Since the property in question was legally registered in your father’s name, he had every right to transfer it to your brother. Your uncle's claim challenging the transfer would require him to demonstrate that the property was part of a joint arrangement or that he has legal rights over it.4. Course of Action:To strengthen your defense, collect evidence that supports the verbal partition agreement, such as:Statements from witnesses present during the verbal partition.Any correspondence, emails, or other communication indicating mutual consent.The transfer made by your father must comply with the legal requirements of execution and registration. Ensure all documentation supporting the transfer is in order.If your uncle files a case, his burden of proof will involve demonstrating his claim over the property, which he may find difficult without substantial evidence.5. Next Steps:We recommend formalizing the family partition through a written deed, duly signed by all concerned parties and registered with the sub-registrar's office.Consider initiating discussions with your uncle to resolve the matter amicably to avoid prolonged litigation.Should the dispute escalate, our team will assist you in filing a suitable reply and represent your interests before the appropriate forum. Please feel free to contact us for further clarification or to initiate legal proceedings if required.Yours sincerely,Jairam ChandnaniAdvocateLexim Associates