Advocate Karthik Kalaimani

Questions Answered by Advocate Karthik Kalaimani (25+ answers)

Q: Purchase of under construction of flat in redeveloped building

We are thinking of purchasing the under construction flat in redeveloped building which is on leased land from MHADA in Mumbai. The lease is for 30 years renewal. Is it a good option to purchase a flat in such construction? Will there be complication in selling the flat later or getting the home loan from bank for the property?

Advocate Karthik Kalaimani answered
Whether it is a good option or not depends on your specific requirements and long-term plans. That said, there should be no major issues or complications in selling the flat later if you choose to do so, provided the documentation is in order. MHADA properties generally have steady demand, which supports their resale potential.In terms of financing, availing a home loan has become much easier. NBFCs are actively funding MHADA properties these days and are familiar with the approval process. As a result, obtaining a home loan should not be much of a hassle, as long as eligibility criteria are met.Overall, if the property fits your needs and budget, a MHADA flat can be a practical and secure option, offering both ease of financing and reasonable flexibility for future resale.

Q: Query regarding Gift Deed -tax implications

Regarding transfer of property Mother :- Wish to Sell property and wish to transfer the received amount to2 Sons and 1 Daughter .In this scenario Option 1,Can A mother Gift the recived amount to avoid the taxes OROption 2. She need to gift the property instead of selling to 2 Sons and 2 Daughter so that then they can sell the property Which options should we execute to avoid taxations

Advocate Karthik Kalaimani answered
Based on the facts and circumstances, Option A appears to be the more appropriate course of action, particularly considering the client’s age and the availability of tax benefits. Under this option, the client may sell the asset and subsequently gift the sale proceeds to their children. As money is movable property, the gift can be effected by executing a gift deed of movable property, clearly recording the intention to gift and the details of the parties involved. For legal validity and record purposes, the gift deed should be duly notarized.While gifting money to children is legally permissible, tax implications may arise at the time of sale of the asset, including capital gains tax and related provisions under the Income-tax Act. The tax treatment of the transaction, exemptions available, and any potential future implications should be carefully assessed. Therefore, although Option A is legally feasible and practical, it is advisable to consult a Chartered Accountant for a detailed understanding of the tax consequences and compliance requirements.

Q: Nomination form acknowledgement not traceable

My father nominated me for his flat in mumbai. The Nomination Form was submitted to the society and the nomination is recorded in the society's record. After my father's demise, I submitted the documents for transfer of flat in my name. The society is asking for the copies of the nomination form which according to them was given to my father as acknowledgement. which are not traceable. What to do now?

Advocate Karthik Kalaimani answered
Do not provide any address or personal details on your own unless the court specifically requests them or it becomes necessary under legal procedure. The court follows a formal process for issuing and reissuing notices, and they will contact you directly if updated information is required.Do not share any details with authorities unnecessarily. If a summons is issued to you, simply receive it and read it carefully. A summons is an official notice from the court informing you that a case has been initiated and instructing you to appear before the court on the specified date and time.By withholding unnecessary information and providing details only when formally asked, you protect your privacy and ensure full compliance with proper court procedures.

Q: Subject: Request for Guidance on Transfer of Flat to Minor Legal Heir

Sir/Madam,My late brother owned a flat in Nallasopara, District Palghar, Maharashtra. He passed away on 4th September 2025 due to a paralysis attack. He is survived by one minor son aged 15 years. His wife (the child’s mother) had passed away one year ago due to a brain hemorrhage.My brother had not registered any nominee for the said flat. The housing society has informed us that there is no nominee name recorded in their records.In this situation, I request your guidance on the procedure

Advocate Karthik Kalaimani answered
We can proceed by obtaining a Legal Heirship Certificate for the minor son; however, it is important to note that the application for the certificate must be submitted by the minor’s natural guardian. Since a minor cannot file legal documents or represent himself in such proceedings, the law requires that the natural guardian act on his behalf to ensure that his rights and interests are fully protected throughout the process. In addition to filing the Heirship application, the natural guardian will also need to submit a separate application for natural guardianship, if one has not already been formally recognised by the appropriate authority.This additional application is necessary because the court or relevant authority must confirm that the individual acting on behalf of the minor is legally authorised to do so. This ensures transparency, authenticity, and compliance with legal procedures. Once both applications are properly filed and processed, the authorities will examine the documents, verify the relationship, and determine the rightful legal heirship of the minor. Upon approval, the Legal Heirship Certificate will be issued, which will then serve as an essential document for matters related to inheritance, property transfer, and other legal or financial purposes involving the minor’s rights.

Q: power of Attorney to be submitted to bank for given right's to legal

My Mom and dad have a Bank locker in BOM in Nagpur . My dad pass away in 2017 thenit was handle by my Mom. Now My mom is also bedridden. Then how the locker should be given to her legal heirs. As bank would required the evidence. THis account is active till date

Advocate Karthik Kalaimani answered
Yes, since your mother is bedridden, you will need to provide two key documents in order to proceed on her behalf. The first is an authorisation letter from your mother, stating that she permits you to act for her in this matter.The second required document is a doctor’s certificate confirming her medical condition. The certificate should clearly state that she is bedridden or medically unfit to appear in person