Advocate Jitendra Ahuja

Questions Answered by Advocate Jitendra Ahuja

Q: Legal implications of buying property from a power of attorney holder

Hello, I am planning to buy a plot who belongs to person A ( who is located in US ). Person A’s mother has generic power of attorney. Its a registered But generic power of attorney. Will that be safe to buy the proerty from A’s mother ??. I will executing a registered sale deed in sub-registrars office. The sale deed will be between me and A’s mother ( A’s presence will not be there ) and I will be transferring money into her account. Is it safe ? Will i will be able to sale the property in future without any issue ?. Please help.

Advocate Jitendra Ahuja answered
Dear Querist when you buy property from an NRI you need to deduct TDS of 20% else you will be liable for penalty and other proceedings under Income Tax Act.As far as buying property of NRI is concerned through Power of Attorney Holder is concerned there is no legal impednment, however it should have the specific power of Execution and Admission and specific power to sell the property

Q: Can mother and brother claim share in property

I joined indian airforce in 1983 and bought a land in 1987 my younger brother was 20 at that time, i build a house and asked my mother to live their. Brother went for his career and left hometown. I have given all medical facilities to my mom, and she has pension though. Now my brother nd mother are claiming their share in my property. My brother is a music teacher, he takes home tuitions, nd does musical shows approx every day. He has a good source of income and has a self owned 1 bhk flat where my mother lives with his family. Can my mother and brother claim in my property?

Advocate Jitendra Ahuja answered
Dear querist, from what I understand from the query is, that you have purchased a property from your own income and the title documents should bear your ownership rights. Since your mother and brother have not contributed any amount for purchasing the land or building the house upon the land, then they can not claim any rights in the property owned by you and are mere gratituous licensee and can be evicted by you if you want

Q: Legal procedure to get husband's & parent's names as surname

I want my husband and my parent's surname, how can I apply and do this

Advocate Jitendra Ahuja answered
Dear Querist you can certainly add both names to your name. You have to change your name by applying in gazette and publish your new name in the local gazette. You can do the needful online by paying the fees leviable

Q: Clarification on the property division if divorce case is pending

Sir I have a divorce case going on with my husband 1) i have a property in my single name. I have taken a loan and emi is still being deducted from my salary. My husband is illegaly residing in d flat n not allowing me access. 2) joint ownership property under construction. My name is first husband name second. 95% payment done by me 5% by him. what can i do in both these cases ??religion of both Hindu

Advocate Jitendra Ahuja answered
Deae querist you can seek injunction in the divorce petition restraining yiur husband from entering/access to your house. You can also claim maintainaince in the same divorce petition. Further advice can only be given after learning all the facts

Q: Complaint against people using the space for the parking lot.

There is a tin sheds made by watchman, other people. These people are staying, some doing business in parking lot. aAdvice what to do.

Advocate Jitendra Ahuja answered
Dear Querist, You must complain to the local authorities including local police station and the municipal authorities and if there is a sanctioned plan you must aver in the complaint the deviation and the change of user by the errant people.