Advocate Nisarg J. Desai

Questions Answered by Advocate Nisarg J. Desai

Q: Agree culture land divided in 2006

We are 3 brothers and 3 sisters. My father divided land in 2006 among only three brothers and died in 2008. Can daughter claim their rights in agriculture land.

Advocate Nisarg J. Desai answered
Of course the daughters can claim their part, right and portion of the land though already divided. Since, the division has taken place after the Hon'ble Supreme Court's landmark judgement in this regard in 2005.

Q: Buyer not completed payment for property

We sold an apartment to buyer last year. He did 70% payment and we allowed him to reside in the property. Now he is delaying payment of rest 30%. What action can I take ? Property is still in my Father's Name.

Advocate Nisarg J. Desai answered
Your query do not reveal crucial facts and information yet. If the sale deed is entered into, the course of action would differ and if Agreement to Sale is entered into, the course of action would differ.

Q: Birth Certificate Required of 1973

I want to make my birth certificateMy birth was on 6th April 1973 in Pardi What to do?

Advocate Nisarg J. Desai answered
You have to approach collector or civil court (whichever is applicable) with an application to seek directions against the concerned authorities for registration and certification of the birth unregistered.

Q: Mutation or transfer of property after death

Sirs, i have a land in my father's name who expired 2 years before. My father and other joint holder both having 50 percent share in land. Now as the property is on lease hold land { govt owned }, it requires consent of a joint holder to transfer/mutate 50 % share of deceased to his legal heir.The joint holder is not giving his consent for mutation. Neither he is ready to make two equal parts of land.What option do i have to get the mutation done without joint holder's consent. Regards,

Advocate Nisarg J. Desai answered
Under such circumstances, a proper Civil Suit may have to be filed. The fact that it is a lease hold property, concerned department of the Government may also be approached along with proper application to avail the remedy you are seeking.

Q: franchisor is not responding after taking franchisee fee

Is the Rs. 100 stamp paper used in the agreement for purchasing a franchise from a digital marketing agency legal? Can I terminate the agreement and get a refund of franchise fee? Now, he is not responding only making false and fabricated answers.Both parties are from different state.Which state stamp duty is applicable? My or company state ?

Advocate Nisarg J. Desai answered
The issue here involves multiple technicalities. In my opinion you must approach a practicing lawyer along with all the documents and communications (if any). Upon perusal of the same, further courses of action can be offered.