Advocate Kunal Kamath

Questions Answered by Advocate Kunal Kamath (50+ answers)

Q: Joint property mother and myself mother died

I hv 2 sibling 1 brother,1 sister.sister dies i am unmarried lady after my death I don't want my share to go to my brother or his daughter bcoz he is bad character.as per law automatically my share will go to my brother or his daughter of he dies before me

Advocate Kunal Kamath answered
Hi, in such a situation u may make a will where after your demise you may bequeath your property to any person of your choice in which case your brother or any other person wont have any right to your property

Q: Cooperative Housing Societies refusal to transfer membership

I purchased a flat and two stilt parkings in a housing society and have been residing there since June. Despite submitting all required documents and NOCs for membership transfer in June, the society has not approved it. They keep linking my transfer to another unit (CP-100) still owned by the previous owner's family, which is completely unrelated to my purchase.even served a reminder on 24 October giving 15 days to respond, but there's still no written reply. Instead, they're harassing me wit

Advocate Kunal Kamath answered
Hi in case if the society refuses to transfer share certificate or in case if there is no decision or refusal all together even after a lapse of period of 90 days you can apply for deemed membership and file an appeal for the same

Q: Transfer of property on basis of incomplete LOA

A member in our housing society has submitted 4 pages out of a 31 page LOA document which he has procured from High court. He wants us to transfer the property which was on his deceased mother to him (son). We know he has 2 sisters. Is the incomplete LOA enough ? Do we need to check release deed from his sisters?would this be included in LOA ? He is refusing to submit full LOA set.

Advocate Kunal Kamath answered
Hi, in case if he refuses to submit the full LOA do not transfer the share certificate in his favour. As a matter of right, he shall submit the entire LOA to you. Release deed and LOA are two separate things and release deed wont be included in the LOA

Q: Transf ownership Vs Gift deed for flat

Transfer ownership Vs Gift deed for flat in which my wife and I am the owners. My want to donate/ to Gift the flat in my name only. Total Cost of Transfer of flat vesrus Gift Deed total cost in terms of 1. Lawyer,s cost 2. Registation Cost 3. Stamp duty and other cost. Which will be better option in terms of cost that I have incurr

Advocate Kunal Kamath answered
Hi in your case the best option available will be a gift deed since it will incur lower govt fees in terms of stamp duty registration charges and other gove fees since the flat is to be gifted by your wife to you

Q: We are four brothers. My mother was the owner of the flat. Before she

We are four brothers. My mother was the owner of the flat. Before she died she nominated one my brother as nominee. No will was made. Can he be the owner of the flat.

Advocate Kunal Kamath answered
Hi nominee is just a care taker, he does not become the owner of the flat. In case if there was no will made, the property of the mother ie the flat will be divided as per sucession to all legal heirs four brothers.