Advocate Joyson Pereira

Questions Answered by Advocate Joyson Pereira (25+ answers)

Q: No OC for 1988August completed bldg in Kopar

Our bldg completed in August1986 in Kopar panchayat area.No OC practice then.Water and regular mseb connection given.bldg has got KYC from KDMC in June 2025.for bank loan to purchase.banks are asking NOC. What to do.

Advocate Joyson Pereira answered
if Building completed before OC rule; submit KDMC KYC (2025) and obtain NOC/Building Status Letter from Kalyan-Dombivli Municipal Corporation for bank loan.Disclaimer: This information is for educational purposes only and does not constitute legal advice. The specific laws and procedures may vary depending on your location and jurisdiction. Contact any Advocate or us.

Q: Whose duty to ensure correct spelling of name on record

Complainant has filed two false private complaints. One matter is 10 years old, second matter is 8 years old. In both cases, complainant first name has spelling error. So many years go by, but complainant not update his name on court record. Whose duty to ensure correct name on record -- Court or Complainant? What possible reason for Court to ignore or Complainant to ignore?

Advocate Joyson Pereira answered
In a private criminal complaint, the responsibility to provide correct personal details, including the correct spelling of the complainant’s name, lies with the complainant. The complaint is filed by the complainant under the procedure of the Code of Criminal Procedure, 1973 (such as Section 200), and the court generally records the particulars as stated in the complaint.The court’s duty is mainly to examine the complaint and take cognizance, not to verify or correct the complainant’s personal details unless the complainant files an application for correction.Minor spelling mistakes in a name are often ignored by courts if the identity of the complainant is otherwise clear, a principle recognized in various judgments of the Supreme Court of India.Disclaimer: This information is for educational purposes only and does not constitute legal advice. The specific laws and procedures may vary depending on your location and jurisdiction. Contact to any Advocate or us. ⚖️

Q: Property fully maintain by me for 25 yrs But owner want it now

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 Joyson Pereira answered
In general legal terms, mere verbal transfer does not convey title, as ownership of immovable property normally requires a registered written instrument. However, if you have been in continuous, open, exclusive, and hostile possession of the property for the statutory limitation period (often 12 years or more, depending on jurisdiction), paid taxes, and exercised rights as an owner, you may acquire title by adverse possession. Until such title is legally declared by a competent court, the recorded owner can assert a claim, but that claim may be barred by limitation if adverse possession is established.for that you have to take legally suggestion from the experts. Disclaimer: This information is for educational purposes only and does not constitute legal advice. The specific laws and procedures may vary depending on your location and jurisdiction. Contact to any Advocate Or our team.

Q: Recovery of Court Ordered compensation from a deceased Respondent

My Case :In my Domestic Violence Case, the Court ordered the Respondent to pay me Maintenance of Rs 10,000/- per month.However, the Respondent expired without paying me even a single penny.My query : 1. Can this Court Ordered Maintenance be recovered from the legal heirs of the deceased Respondent ?2. If yes, then under which provision of which Act / law ?

Advocate Joyson Pereira answered
Yes,but only to a limited extent. unpaid maintenance ordered under the Domestic Violence Act can be recovered after the respondent’s death, but only from his estate, under Section 20 & 28 of the DV Act read with Section 125 CrPC and Section 50 CPC — not as a personal liability of the legal heirs.The arrears of court-ordered maintenance can be recovered from the estate (property/assets) of the deceased respondent, not personally from the legal heirs. Legal heirs are liable only to the extent of property they inherit from the deceased.Disclaimer: This information is for educational purposes only and does not constitute legal advice. The specific laws and procedures may vary depending on your location and jurisdiction. Contact to any Advocate Or us

Q: Claiming the flat under LOA. Broke my lock.

I had rented a flat on pagdi baises to one Childless couple. Wife died during corona at 80 yrs and husband then left the flat and went to old age home where he died.His neice has now managed LOA which says she should get the flat.

Advocate Joyson Pereira answered
It sounds like you've encountered a legal situation involving the rental of a flat under a pagdi system, where the rights of tenants and their heirs can sometimes be complex.Pagdi System: Under the pagdi or rent control system, the rights of tenants are typically protected for life, even if the tenant dies. In some cases, the right to continue occupying the flat passes on to their legal heirs, which may include children, spouses, or in some cases, other relatives like nieces or nephews if the tenant had no direct heirs.LOA: A Leave and License Agreement is usually a temporary arrangement between the owner and the licensee, but if the niece is claiming it, she might be arguing that she’s entitled to live there as the next of kin.Legal Heir Rights: In such cases, the rights of the tenant’s legal heirs (spouse, children, or other family members) can come into play. If the niece is recognized as the legal heir or as someone entitled to inherit under the applicable laws, she could potentially take over the tenancy or license, depending on what the original rental agreement allows.What you can do:Verify the LOA: Review the terms of the Leave and License Agreement (LOA). If the niece has obtained it through proper legal channels and the flat was transferred according to the agreement, she may have a right to it.Check Tenant’s Will: If the deceased tenant had a will, it may outline how the property should be handled. If the will leaves the property to the niece or another party, it could affect the situation.Consult Legal Counsel: Given the complexities of the pagdi system and the nature of the claim, consulting with a lawyer who specializes in real estate or tenancy laws would be a good move. They can help interpret the specifics of the case and advise on how best to proceed.Disclaimer: This information is for educational purposes only and does not constitute legal advice. The specific laws and procedures may vary depending on your location and jurisdiction. Contact to any Advocate Or us.