Advocate Jitendra Wagh Patil

Questions Answered by Advocate Jitendra Wagh Patil

Q: Dispute between 3 trustees of a family trust

Is it possible for one trustee to sell his part of the area in the property owned by a family trust? There are 3 trustees (cousin brothers)

Advocate Jitendra Wagh Patil answered
No way, you can't sell directly. you need to take permission. first of all we need to see the trust document nature of property, cause of sell. I will advice you to consult with lawyer with whole paper and instructions.

Q: REGISTERED AGREEMENT XEROX COPY FOR SELLER

BUYER OF my FLAT IS HESITANT TO SERVE A XEROX COPY OF REGD AGREEMENT DTD 4/3/2021 DUE TO LACK OF AWARENESS AND WRONG ADVISES FROM ILL ADVISED FRIENDS. PLEASE LET ME KNOW HOW TO GET A COPY FOR MY RECORD AS SOLD MY PROPERTY ON LOSS DUE TO PANDEMIC, I MAY NEED IT FOR IT RECORDS.

Advocate Jitendra Wagh Patil answered
if you feel that copy of sale is essentials for you then you can get it from Government records. you can get sale deed from registry office. apply there with necessory fees or take help of some lawyer or friends to get it. you will get certified copy of that sale deed.

Q: Owner not cooperating for transfer of flat

Bought a flat through power of attorney as it is MMRDA property and there was a 10 year lock in on this flat but seller sold to me after 6 years. Both signed an agreement for sale not registered. He agreed to be present for the transfer once 10 years get completed and hence the entire amount of 21 lakhs was paid.Now he is not agreeing to come for the transfer of property and is demanding more 5 lakhs.What are my best options to resolve this issue? What is the mmrda flat transfer procedure? Can I claim for a refund as I have paid for the flat, renovation costs and maintenance for 6 years.

Advocate Jitendra Wagh Patil answered
according to me, you should go for specific performance of contract. go and consult with lawyer and you may file suit against owner before the court. we will jav yeto see all minute details of your contract. but as I understood you may get executed sale deed without paying extra charges.

Q: Gift of cash/cheque from mother to son

My mother had given me sum of money in 2019 I invested that money in post office NSC in my name, however we did not make any gift deed for that money can I make a gift deed now in 2021 What will be registration and stamp duty for it ?

Advocate Jitendra Wagh Patil answered
why do feel that you need to register will deed ?I need answer of that question at the outset thereafter I could help you in that regards. I need to know what is your religion and whether will deed is permissible u der that law. because will deed and their laws are different for Hindu and Mohmedian. so, you may register or not that you will have to contact and provide necessory details. Thereafter, I could give you appropriate guidance in that regards. I would like to advice you to contact personally with legal advisor.Thanks

Q: Husband is demanding divorce without any major reason

My husband is living separately for past 10 days and is demanding divorce on the grounds of miniscule family quarrel over my drinking and previous affairs which he was cognizant of. He has started the process of filing prior to a month and I was notified a few days ago. Since the filing is still in process , I wanted to understand my options to make my husband withdraw the divorce petition in case if he files. I am open to discuss other options as well of any

Advocate Jitendra Wagh Patil answered
It is depend upon your husband will he negotiate on other option or not. legally you may file restitution petition before appropriate Court if he is not living with you. I would advice you to personally visit Advocate with your issues and difficulty.