Advocate Mubarak Jan

Questions Answered by Advocate Mubarak Jan

Q: Can I get a registered gift deed cancelled ?

My grand father has own agriculture land hy his hardwork nd he wrote nd registered gift deed to my mom nd nd my uncle(dad brother) nd after 3years my grandfather is saying I want my land back bcz my uncle is controlling my grand father nd he wants to grab land from my mom is gift deed cancelable it's registered in register office nd 3years back. what is the time limit for cancellation of gift deed?

Advocate Mubarak Jan answered
Generally, gift of immovable property given by the donor to the donee cannot be revoked or cancelled. However, Section 126 of the Transfer of Property Act, 1886 prescribes two scenarios where the gift could be suspended or revoked: 1) If donor and donee agree on the happening of a specified event (which doesnot depend on the will of the donor) 2) Revocation by rescission as in the case of contracts - For example, if it could be proved that the donor's consent was not voluntary and the donor was coersed to gift the property to the donee. The above scenarios does not apply to gift of immovable property where both the donor and donee are "Muslims".

Q: Serious Landlord issues. How to proceed legally ?

Hello sir/mam I live in Chennai in a rented apartment of my ex company boss. Apartment consists of six house including my house. Only ground floor which I live is rent house rest all own their houses. A man who lives in 3rd floor keeps fighting with us daily and insults that we r jus tentant not owners. How can u use parking area for drying clothes. Why u nailed in wall etc. He speaking bad words to my old parents. They are very upset. And we do have a labrador dog which we keep inside our house. We don't tie r roam it outside of ur house. But he lies tat dog tried to bite and he don't like dogs in apartment to my owner. My owner permits me to keep dog but still he makes a problem. . He throws our clothes which we clipped in parking sides. In no way my parents harmed r used harsh words on him. But he abuses my parents very badly. Kindly give solution.

Advocate Mubarak Jan answered
First Register a police complaint against the person who is abusing you and your parents for "Criminal intimidation". Since your landlord has no issues with you having pets, you need not be bothered about any of the neighbors wishes (as long as your dog doesn't create a nuisance) .

Q: Flat in my mothers name, how to transfer ownership after her death

 i am the only child for my parents. I am presently 37 years old. 5 yrs back my mom died and one month back my dad too expired. We have a own flat in chennai in the name of my mother. I want to sell that flat as now i am living with my relatives at hyderabad. What is the procedure as the flat is in the name of my mother?

Advocate Mubarak Jan answered
I assume that your mother has not left a "Will". If it is so, then your mother's property automatically devolves on her legal heir (you and your father). Since your father is also no more, you have become the full owner of the flat which is in your mother's name. Apply for death certificate and legal heir certificate. In addition, while selling the flat, incorporate the details of death certificate and legal heir certificate of both your mother and father. There is no need to apply for transfer of ownership of your mother's flat after her death.

Q: Precautions to be taken for buying flat from legal heir

I am planning to buy a flat from legal heir with legal heir certificate . Is it necessary for the legal heirs to change the property tax name , EB bill in their name before I purchase

Advocate Mubarak Jan answered
It is not necessary for the legal heirs to change the property tax name before they sell their property to you. However, you have to ensure that the legal heir certificate is authentic. I would suggest to get a legal opinion on the authenticity of the relevant documents.

Q: Procedure for registration of company and is it mandatory

hai hello, ,im doing my final year in BE in chennai. I wish to start my own event management company. i have planned everything other than this legal issues. initially we have planned to start the business as FREE service. so do we need to register our company?? if we didnt register our company then our contract towards the client and vendors will be valid?? registering is not a big issue but as we cant pay tax by providing a free service. please help me with it. 

Advocate Mubarak Jan answered
Registration of a company is not mandatory. You can start your event management company as a proprietorship firm. Your contract towards your client and vendors will be valid, provided the contract is for a valid consideration. However, if you incur any loss while doing business as a proprietorship firm, then the liability will be unlimited, which means your personal property will be subject to charge / attachment to cover up for the loss.