Advocate Kiran Prakash Chandorkar

Questions Answered by Advocate Kiran Prakash Chandorkar (50+ answers)

Q: Property transferred to one's own name via unregistered POA

Hello all,My question is can an unregistered POA be used to transfer property to one's own self……???My Father had a property & he was staying with my brother in India during his last days & i was living aboardJust one year before my father's death, my brother made a unregistered POA & then transferred the whole property to his name via Gift deed to himselfCan i take legal action & what should i doThank you

Advocate Kiran Prakash Chandorkar answered
It cannot be..POA has to be registered and the same has to be special power of attorney where a person giving power (donor i.e. your father in this case) has to mention Donee's name unlike in sale deed where seller has no information about proposed buyer.In case of POA for gifting a property, person giving a power is aware to whom he is going to gift his property, therefore it has to be specifically mentioned all details of Donee.In your case, it appears that your uncle has signed Gift Deed in both capacity as a Donor and Donee is not permissible until it is proved.Factually if your father could have signed and executed POA then why dint he sign n execute Gift Deed by himself? You can certainly take legal action against it.

Q: Uncontested withdrawn in family opposites respondents

माझ्या केस मध्ये विरुद्ध वकीलाने आम्ही प्रतिवादी आमच्या विरोधात uncontested withdrawn Nature of disposal दाखवत आहे तसेच केस dismissed न करता case disposed केली आहे.जर अशा परिस्थितीत मालमत्तेच्या बाबतीत कोणतेही वाटप झाले नसताना निव्वळ वादी च्या निशाणी म्हणजे दावा यावर आदेश करून टाकले आहे आणि वादीचे म्हणणे यास इतर प्रतिवादी यांनी विरोध दर्शवला नाही.आणि प्रतिवादी 1 हा भोळसट व गरीब आहे तर त्याच्या विरोधात निकाल दिला असे म्हणता येईल का? कारण काही प्रतिवादी वादी ला मिसळून प्रतिवादी १ल फसवत असतील तर

Advocate Kiran Prakash Chandorkar answered
तुमची केस मध्ये जर ex parte ऑर्डर असेल तर वादी त्यावर execution proceeding file करतील.तुम्ही प्रतिवादी म्हणून कोर्ट मध्ये हजर राहून तुम्ही written statement file केलं असेल तर त्यावर केस पुढे चालू राहील.तुमच्या प्रश्न मध्ये हे clear होत नाही..

Q: Associate Membership and Joint ownership based on affidavit.

My brother is the owner of the flat on his name . In 2007 he made an affidavit to include my name jointly in the share certificate and submitted to the society. The society in their MC meeting added my name in the share certificate as jointly with my brother . In the same time, i also was admitted as associate member in 2007 by filing associate membership form. So as per latest provision am i a joint owner or associate member.? please clarify.

Advocate Kiran Prakash Chandorkar answered
You are not the owner of the flat but have a limited rights within the society.when your brother cannot excercise his powers then you can exercise the participative right in the administration of the society.

Q: Received Encroachment Notice for safety door in passage

I got an encroachment notice from my society on account of the safety door that I had installed outside my flat in the passage area. This narrow passage is used only to lead up to my flat's main door and is not used by any other flat. Therefore, I had put a safety door there because it is exclusively used for entering my flat. This notice says that it is the case of encroachment to society's common space. They are going to apply a fine according to Maharashtra Cooperative Housing Society Bye-Law

Advocate Kiran Prakash Chandorkar answered
if your agreement with builder if place of common area is mentioned then you can challenge the notice.apart from this, plz review by laws also.if possible share the notice so u will get proper guidance.

Q: I want my father's hotel & home

I am working & earning handsome salary. So is my brother sibling is earning. My father has built new home & hotel business. However as her only elder daughter I want to have ownership of 80%. Please guide me to make death will of my father. Nothing lasts forever so I want my father's property & money in my name before he dies.

Advocate Kiran Prakash Chandorkar answered
your father has to make gift deed giving you such share in his property and such Deed has to be registered.there should be clear mention of movable and immovable properties, investment and your respective share in it.