Advocate N.D Jain

Questions Answered by Advocate N.D Jain

Q: Procedure to correct the name on document

My mother's name is wrongly interpreted on property purchase document as Mrs. Bhanu Anant Dandekar instead of Mrs.Bhanu Anant Dunga since we are natives of Khardanda. Now my mother and the seller and witness have passed away.Kindly suggest the procedure to get it corrected and on the name of heirs.

Advocate N.D Jain answered
Get a correction deed executed and registered through legal heirs or alternatively a suit may be filed by legal heirs in civil court to ractify the mistake in the sale deed and for this purpose the legal heirs of seller may b added as defendant in the civil suit

Q: Rent agreement as landlord transfers rent receipt to tenant's son

when a landlord transfers rent receipt on death of father (hindu)to his son who was residing with his father,rent agreement is a must? if yes what about registration and paying the stamp duty?

Advocate N.D Jain answered
It is not creation of s new tenancy or New right in favour of son. The tenancy right is heritable and consequently tenancy rights devolved upon son to whom the rent receipt acknowledging receipt of rent is being issued Therefore neither any agreement nor registration thereof is requiref

Q: Is a sale deed valid if complete payment has not be done

We have a property which have been encroached by unknown people. We decided to sale the it. Had an agreement with a client. On the basis of which he gave some advance(15-20%).Rest he agreed to pay after he succeed in removing the encroacher & that too with in 6 months. But he failed in doing so.5-years have passed since then. Is it now compulsory to sale the same to him that too at very low rate. Can we look for a new client.. What is validity of time period for such cases. Pl give me legal information & guidance regarding this. Thanking you

Advocate N.D Jain answered
If the time frame for completion of process for vacation was there in the agreement, if the vacation is not possible in time than in that the buyer may choose to purchase the property by waiving the condition of eviction. If not than the parties may treat the performance to b impossible and it makes agreement void able at the instance of seller even and he may cancel the agreement and proceed to sale it out to someone ekse

Q: Can father sell property without my approval if it is in our name

Hi, I am a Sikh, who is living with my wife and son, my father also stays along with us. My father and mother are separated but not divorced, and stay separately. The property which I stay in belongs in a joint name between my father and me, and there is a loan tenure which is split between my father and me. Since the last 10-15 years all expenses of the house, including maintainance, renovation, have been borne by me. The question is can my father sell the property without my approval.

Advocate N.D Jain answered
Since the property is jointly owned by u and ur father, it cannot b sold by ur father alone without ur consent and permission. Ofcourse father can ask for partition and separation of his share and than, he can sale out his separated share

Q: Women died interstate father got the property father also died

A women was died in 2003, and her father died in 2004 without any will or transfer of their property... Then The fathers property is shared between 7 live brothers of that died women..... Then the child of that died women have right on propety or not???? ... Please reply

Advocate N.D Jain answered
Son of predecessed daughter is a class1 legal heir along with 7 brothers and therefore each of them have 1/8th share in the property. Thus son of daughter can claim 1/8th share as a matter of right in his maternal grandfathers property