Advocate Ketan S Jadhav

Questions Answered by Advocate Ketan S Jadhav

Q: Truck owner not compensating for damages done by accident

Accident happened on August 9, 2018 around 9.00 AM, where my parked car (outside my bldg complex) adjacent to the road was hit by fully loaded truck working for construction site close by. It caused a huge damage of around 70-80k (estimate given by service centre), crushing car's head light and it's assembly, damaged driver-side fender, bonet and door. It has cracked the front bumper and rare bumper due to collision in the back. Also both co-driver's side doors (left side) got damaged. The owner of the truck who came later was initially ready to compensate for the damage caused but later denied hearing the big amount, hence gone through the police station procedure of filling a TAD. On being calling him for mutual consent he is not ready to pay for the damages by him/the driver. Need your kind advise and directions for further procedures to move with.

Advocate Ketan S Jadhav answered
you can file petition for compensation. The truck driver, owner and insurance co. are jointly and severally liable to pay compensation amount to you. they are also liable to interest on principle amount from the date of application. The court can consider the actual damages

Q: Clarification regarding gift deed

A gift deed has been made in the sole name of father by grandmother in whose name the property is in. Is an NOC required to now change the name in a co-op housing society's musters as that of my father's.

Advocate Ketan S Jadhav answered
yes, if the same is to be mentioned in article of society. the society have right to call NOC of previous owner. the society never need to call any objection if the gift deed is registered as per the registration act.

Q: What to check while purchasing a property

Respected Sir, I am Raja from A and planning to buy a flat. But before buying need to clarify few things: Flat owner having two kids (son and daughter) Flat details: - Initial days, Property was on daughter's name - After few years, Daughter donated flat to Mother and did gift registration Now they are put for sale. Currently, I am planning to buy this flat. My question is: Daughter and son signs also required for registration? And also what are all things need to consider for buying this type of property? 

Advocate Ketan S Jadhav answered
the signature of previous owner is not required if document is registered between current owner/vendor and previous owner. the gift deed have to be treated like sale deed. if the daughter is ready to sign then add their name as consenting party. the signature of daughter binds her as per the terms and condition of agreement/deed. you have to confirm that they have fulfill their dues and their is no any outstanding, their is no any loan pending on said flat, the construction were as per the government norms, they do not have any agreement with any other person, etc.

Q: Right of mother in the property of deceased son

me and my husband have jointly purchased a flat unfortunately my husband has passed away after 5 years of marriage before 9 months now I have all papers including purchase agreement share certificate and NOC letter of GIC ( where previously it was Loan taking Now all repaid ) and I have applied for whole membership with my 2 girl children in society but My father in law and mother in law objection under Hindu succession act 1956 that mother in law is 1/4 share . Plz reply can they objection for do not a full transfer of shares to me in society membership

Advocate Ketan S Jadhav answered
you and your husband have equal right in said flat. your mother in law can claim in share of your husband. she have equal share in the property of son. your mother in law, your daughters and you have equal share in the half share of your husband.

Q: Documents for flat registration on my mom name

My dad who is no more had purchased a development authority flat in 2006. We have all the documents n also got the light bol transferred to my mom name. But since know very little about the documents can you pls give us procedure n doc required for registration from the seller's name to my mom name.

Advocate Ketan S Jadhav answered
their is no need to execute the sale deed again. you can apply for heirship certificate in the Court of Civil Judge and further provide following documents in heirship proceeding;the purchase deed between your father and developer, payment details of said flat, completion of other terms and conditions of said deed/agreement, death certificate of your father and details of their mother, wife, son and daughter.