Advocate Mansi Patel

Questions Answered by Advocate Mansi Patel (25+ answers)

Q: Property disposal in case of no children and will deed

A couple have ancestral property and have a son and daughter.Son have wife but no children and daughter have 1 son & 3 daughters.The Son has transferred an ancestral property to wife by will deed without consent of legal heir, now the wife is dead without will & children. What will be property disposal ??

Advocate Mansi Patel answered
the husband must have transferred his share to the wif not his sisters in the ancestral property. succession certificate will have to obtain d by legal heirs in absence of the brother by his sister for the immovable property

Q: Cost sheet not provided after property booking

I booked a flat with a reputed builder on May 11th and paid ₹5 lakhs via cheque (which hasn’t been withdrawn yet). It’s been over two weeks, but I still haven’t received the cost sheet. The builder says the delay is because it’s an “investor flat.” Due to this, my home loan process is on hold, and I haven’t received any formal documentation or agreement draft. Is this delay legally acceptable under RERA, and what are my rights to demand the cost sheet and can the builder cancel my booking?

Advocate Mansi Patel answered
without registration of agreement of sale the developer cannot accept more than 10% of the total consideration. also the cost sheet should be given as per the RERA proforma prescribed. you have all the right to demand cost sheet, and other relevant documents with respect to he title of the property before u purchase. also it is a investment flat u will be able to save on stamp duty if it falls under section 5(g)(a)

Q: Society formation issue and want society name on property card.

I have purchase a flat in building that time all paper work and building registration done in the name of Vinayak Chhya building. Now we are trying to form a society in the same name. Now land owner who gave the land for development he is saying as per the agreement with builder building name Should be in the name of their father Santaram Galaxy .They threatened builder for lega action and cancel the development agreement. Will it going to impact on flat owners if they cancel the agreement.

Advocate Mansi Patel answered
DA is a legally binding agreement between developer and the allottee. if th DA clearly specifies name the allottee cannot unilaterally choose different name. if Da is precise about the society name the allottee preference is not valid and DA terms must be followed. Changing it to another name than agreed in DA can lead to legal dispute and potential enforcement

Q: Need to know case details of a Special Civil Suit

Planning to buy a property in resale. After doing the legal and technical from bank it has come to my attention that there is a litigation on the building. I have the case number, need to know what the case is about and what could be the outcome of it.

Advocate Mansi Patel answered
You need to check in which court the proceeding is filed. And approach a advocate to help you further for checking details of the matter and verify if the said property has a clear title or has a covenant attached to it

Q: Gifting property from mother in law to doughter in law

I have flat on name of my mother(50%) and wife(50%). Now my mother want to gift her share to my wife. What is procedure and what will be stamp duty and registration charges required to pay.

Advocate Mansi Patel answered
Your mother will have to enter into a registered gift deed in favour of your wife, that will attract stamp duty on a higher side. Rather get the gift deed in your favour from your mother and pay 1% stamp duty. And registration charges will be as per actuals as and when you do it