Advocate M W Zaman

Questions Answered by Advocate M W Zaman

Q: Co owner with my mother but she is not giving property docs

i am co owner of a property with my mother. but she is not willing to give me the deed or any copy of that deed. what should i do to archive it?

Advocate M W Zaman answered
It's no problem at all.If u know the date of registration of the property then u can take the certified copy of the deed where the property was registered.If u don't know the date then u also can take out the copy after a search through your name or property address.

Q: How can I recover my mother's M I S from post office

My mother is dead I have a brother. She had transfered the nominee to my brother.She had an account in post office as m.i.s.How can I get it..Even my brother is also refusing to give the gold

Advocate M W Zaman answered
Actually there is a concept in our society that the nominee is the owner.But in summary I can tell by latest judgements that a nominee is just a mere trustee of the property who holds it for him and all other legal hiers.He / she will not become the owner that property or money,he/ she will have to distribute it among the legal heirs.The concept of nominee has been made to help to get the money/property to the person nominated to help banks and company to reimburse the amount to nominee and it does not have to search for all the legal heirs. Thus in your case your brother here nominee is not the owner of all that property .You are also liable to get the share .

Q: Do I have a share in my father's property if I converted into Islam

Mera naam  hai. mai sadi se pahle Tiwari Hindu thi. maine Muslim ladke se love marrige ki hai. kya sadj ke baad mere pita ji ke propoty par mera koi hak nhi. pita ji gujar gaye hai. aur meri eak minor apni behan hai. aur meri ma vi gujar gai hai. magar pita ji ki dusri bibi. aur unki eak beti. aur meri dadi avi jibit hai. Kya hak hai propoty mai hamara ya nhi hai ?????

Advocate M W Zaman answered
Earlier change of Religion would mean one would not inherit from his / her parents..but now under the Caste Disabilities Removal Act 1850 .under few cases this ground has been removed and one can inherit .Further in the Judgement by Madras High Court in 2002 it was clarified that change of religion does not bar from inheritance.In the latest judgement by Gujarat High court in 2017 too it has been held that change of religion or conversion is not a ground that barres one from inheriting .So now a daughter who has converted can inherit from her parents.Hope I am clear.

Q: Someone cheated by selling land which was not his property

I have purchased a land measuring 11 katha at Chakiswari mouja magrahat thana on 13th Feb 2018. The seller was having Power of attorney as they deal with all land matters. Man of Power of attorney holder who sold me the land was present when Amin demarked my land as per registered drawing. few days ago, I came to know from the village that on last friday  himself again handed the land to some other person as the land was not in his ownership, the land which was handedover to me, and learnt that it was purchased by those persons on 2015. When I spoke to he told to meet him and he told that it was his fault and he can give backside of the land (not according to the registered skecth). He told me verbally that he will give my money back on Monday and he told he was sorry for the his deeds. But today also he didn't send my money back. Now my call goes no answer. I want my money back with registration charges and my harrassment for his intentional cheating.

Advocate M W Zaman answered
You first of all get a complaint lodged at the local police station at the earliest..and get police help in getting the money back.. but if things dont work and want to go through court file a criminal case in criminal Court against that person as he has cheated you and also file a Money Suit for recovery of Ur money in civil court.Hope that would help for now.

Q: Procedure to add my wife's name in my flat documents

I have bought a flat in my name which is under home loan. How can i add my wife as co owner? Can i gift 50% through hibanama?

Advocate M W Zaman answered
Yes the best option is to gift .it will attract very less stamp duty if you give by registered deed..and Ur wife will become owner of half if you gift half.Secondly under Muslim law one give through hibanama also..but that may not be eligible for loan.. because different banks have different regulations.Hope it may Be helpful