Advocate Nisarg J. Desai

Questions Answered by Advocate Nisarg J. Desai (100+ answers)

Q: Third party machinery loan against property attachment notices frofrom

We have purchased residential property from hasmukhbhai(who is owner of bajrang creation firm) in 2015 that time property was mortgaged in Kalupur bank by our payment he released the property from Kalupur bank and done our registered sale deed and also give us all channel documents but I don't know about his machinery loan from obc bank which merged in pnb bank. And this loan npa in 2013 and now bank give us notice for possession through drt court I don't know on which basis court order because

Advocate Nisarg J. Desai answered
From the shared facts it seems that you have a good case but any property moves along with its rights and responsibilities. However, the sale deed and terms along with communications made to the bank to apprise it with the transfers, etc. would be relevant to be looked into so as to enable me to suggest the possible ultimate responsibility of repayment of the machinery loan.

Q: Gujarat land revenue laws and rules

My father expired in 1987 leaving an agricultural land at Tal. Tarapur, District.Anand . We five successors applied to mutate entry in land records and to add our names. But as father’s name was BABUBHAI in DEATH CERTIFICATE and BAPULAL in 7/12 of land record, the Dy. Mamlatdar rejected our mutation entry. We preferred an appeal before the court of DY COLLECTOR, KHAMBHAT . But the DY COLLECTOR rejected our appeal administratively without framing issues. Is it compulsory to frame issues .?

Advocate Nisarg J. Desai answered
If you could reach out with the orders passed by the revenue authorities, relevant Government IDs of your father and all five successors (including yourself), then we could understand the entire issue and advise you properly to get your names mutated in the Record of Rights.

Q: If land was gifted how we can get back

Hi my father was working in surat. My father had land in tadkeshwar village my father gave his land to his mother who all ready was re married again to someone. to do farming because we was not staying in that village. My father died. now children of the second husband says that my father was gifted to their mother they showed us gifted documents which does not have donee or witness signs they are lying to us. we didn't have our own house how can my father gif them pls give us suggestion than

Advocate Nisarg J. Desai answered
Since this are only statements without any dates and chronology, it would be difficult for any professional to advise you without looking at the relevant papers of transfer of ownership and title. You are thus requested to approach any professional with such documents.

Q: Gift deed or sales deed which is best in this case

If there is mutual agreement (verbal) among father and 2 son that acquired property of father is to be transferred to one son as he has paid to other son(brother) decided amount for leaving rights on that property. Now which is best way from son's perspective to take property via gift deed or sales deed. Son has already paid around 70% loan amount directly to father loan account.

Advocate Nisarg J. Desai answered
You would end up paying more stamp duty fees if you choose any of these two options. In my opinion, a simple and cost effective solution would be to get a Relinquishment Deed precisely drafted and registered from an Advocate.

Q: Regarding affidavit and notary

I want to check my affidavit paper which made by brother it regarding my father house and mentioned that he is nominated by my father so he is legal heir . And I thought he is right so i did signed it.Is it right or he misleading me.If its not than what should i do.please reply.Thanks.

Advocate Nisarg J. Desai answered
Since you have already signed it, now the scope of remedy is narrowed down to a couple of choices. But to properly and professionally advise you in this regard would be difficult until the contents of the said affidavit are perused.