Advocate Nandulal Muraharikar

Questions Answered by Advocate Nandulal Muraharikar

Q: What to do if all original papers house have been lost ?

My parents passed away and we are 4 brothers. no other relatives and their problem is we have house and house belong to paper we don't have and house in name of father and we are paying all house taxs in the name of my father and we loss house paper during housing shifting and even don't have photocopy also now we have electricity bill and property tax we pay all years receipts pl how to procedure and what solution their and even registration paper not their and number also pl tell what i should do?

Advocate Nandulal Muraharikar answered
Hello Sir,No need to worry. If you provide your residential address. I can fetch details of house particulars such registered sale deed and their link documents. So you obtain certified copies from registered office or e-seva.after that you need to publish newspaper notice intimating that u have lost documents and if anybody found they may return to you. Further clarification you may contact me.

Q: Recovery in case money borrowed by friend

I gave a amount of 41k to my friend becoz he told me that he will invest in shares and give me 5k every month and instead of direct moneu transfer he asked me to book flight tickets for him i did that now when i ask him he is not responding to my calls and not giving my money i have a proof of mini statemnet and and a proof of booking tickets mu problem is i am staying in hyderabad in pg and my parents doesnt know i gave money to him and my frnd stays in pune and i am afraid to go near police

Advocate Nandulal Muraharikar answered
Hello Sir, You have proof that you made payment for flight booking of your friend, which are recoverable from your friend. Just send a legal notice for recovery of money, if he responded ok. Else you can file suit for recovery of money against your friend. Note: No need to mention investment in share and giving 5K every month.

Q: What to do if house was purchased without documents?

Hi sir, My name is r, My father was purchased from my uncle(my father brother) house in 1992. but there is no written documents from uncle. we are livening in this house from last 27 years, but we are paying house tax and water bill on my father name. present my uncle arguing, asking the house, please advise sir

Advocate Nandulal Muraharikar answered
Hello sir, You can file suit for declaration and permanent injunction against your uncle. Without any document you cannot claim property. But, you can claim title by “adverse possession” as you stated you were in possession more 27 years and all municipal records were in the name of your father. Most important your uncle never dispute your possession till date. Adverse possession really means the hostile possession which is expressly or impliedly in denial of title of the true owner and in order to constitute adverse possession the possession proved must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner. The classical requirements of acquisition of title by adverse possession are that such possession in denial of the true owner's title must be peaceful, open and continuous. the suit for possession to that extent was not filed within 12 years of dispossession.

Q: Grandmother gave all property of grandfather to uncle before death

We have an agricultural land which has been acquired by my grand father and great grandpa. My father and grandpa had been expired. My Grandma wrote most of the property to my father's brother stating that before my father's marriage he wrote that property authority had been given to my grandma and she can do whatever she wants. Could you please tell us the validity of this and also can we get anyshare on this registered property , if we go legally.

Advocate Nandulal Muraharikar answered
Hello Sir, I need to go through all the documents to give you proper suggestion. Because so many queries in your question. Wrote means what? How your grandma wrote to your uncle, if any gift deed executed or partition deed was executed between family members. Whether any registered deeds are executed by your father to your grandma such as gift deed or release deed. Whether any WILL executed by your father or gandpa or great grandpaAs per your query, the property i.e., agriculture land are ancestral property. As such all the legal heirs has share in those properties. So you can claim your share in those properties.But, we need more information for proper suggestion. You can contact me.

Q: Court restraining from selling flat, what to do

Sir, The court has given an order of restraining my flat from selling, which is in my name. This is a MP order in the main petition of DVC. The order says that I am restrained from selling till the disposal of the main petition DVC. Please let me know, if the main petition DVC is allowed and goes in favour of wife, would I'm allowed to sell my flat or not? What are the consequences if DVC petition is also allowed? Thank you.

Advocate Nandulal Muraharikar answered
Hello Sir, You have not mentioned that the said order is exparte (without your knowledge or before your appearance in the said proceedings) or after due contest. If it is exparte then you can file set aside petition. Else you can file revision petition against the said order. Generally court grants money reliefs such as permanent alimony or compensation/damages to the wife. If you compile with the said order, you can sell your property after obtaining permission from the court. But, we try to dismiss the main DVC case itself. For that we required more details of the case for further clarification.