Advocate Noel DSouza

Questions Answered by Advocate Noel DSouza (25+ answers)

Q: Role of lawyer in buying a resale flat with outstanding loan

I want to buy a resale flat where- possession is given to current owner- society is still not formed- current owner have outstanding loanI went to builder office and they told me that they will do all the process since society is not formed and their lawyers will take care of the process and i cannot take services of external lawyer as they do not allow it.Que 1 - Is this a legal practice or builder is misleading me to use his lawyer and pay lawyer fee.Que 2 - Since there is outstanding loan and i will also take loan from same bank, what documents should i ask from seller. Seller is saying that all documents which bank requires are already with bank and specifically asking me that what documents do i need.Que 3 - If there is already an outstanding bank loan, do i need to hire a lawyer for title search again?Que 4 - what other services should i avail from external lawyer for my case.

Advocate Noel DSouza answered
Hi, you have every right to hire an advocate of your choice, no person can dictate terms to you, if the property has some dispute then there is a possibility that he is insisting to engage his advocate, you can engage an external advocate for second opinion. you can contact on nine/eight/two/two/five/eight/two/zero/eight/two

Q: What is the procedure to do undivided property in partition

I buy a plot of 230 sq.meter in undivided property so now I need to do the separate my plot from combined property which my name was came on 1n 14 form please advice what shall I do to get only my name on 1n 14 form

Advocate Noel DSouza answered
Hi, since you have purchased part of bigger property, you will have to partition your plot. As mentioned by you that your name is already figuring in form I & XIV, for partioning we need to inward your file with all the relevant documents. you can contact on nine/eight/two/two/five/eight/two/zero/eight/two

Q: Reply to legal notice sent by husband after deciding on divorce

I have received a notice from husband saying he is not happy with the marriage and claimed false alegation saying i misbehved on the contrary it was never a happy marriage for us.we decided on mutual concent and drafted the notice but after a month he sent me a notice giving me two options first give reasons why i am not staying wit him or decide on the date when il go back to him. I dont want to stay wit him and need divorce.confusion is should i challenge the notice or is it just a procedure to file for divorce..should i reply for the notice or wait for his next step..inter state marriage and both are hindu

Advocate Noel DSouza answered
Hi, if u want to go for mutual consent then u can directly file the petition in the court , now if there are false allegation against you in the notice then file a detailed reply denying it and go for contested divorce.regards,Adv. N. D'Souza

Q: Relinquishment of rights to ancestral property

Ancestral property in Goa jointly held . My father has expired leaving 3 heirs ,2 daughters and 1 son. My brother agrees to relinquish his rights, for other asset in Mumbai 1) Still has his name to be added in Mutation? 2) Can a Relinquishment deed be registered in Mumbai ,as we live Mumbai. If No....3) What doc are needed if I , his sister does it on his behalf.

Advocate Noel DSouza answered
Hi, if a relinquishment deed needs to be done on behalf of your son, then the son has to give power of attorney to you for acting on his behalf with specific power to relinquish. Another document required is death certificate of the deceased , the name appearing in mutation colum can be deleted by producing the relinquishment deed. Regards ,Adv. Noel D'Souza

Q: Process of land transfer after death of owner

Hello, we are Christian. We lived in Mumbai and own a row house in Goa. The property belong to my father and we want to transfer it to our mother. For mumbai property, we need to get a succession certificate by court. What is the procedure in Goa and estimated time for the whole process. Thank you

Advocate Noel DSouza answered
for sucession certificate following documents are required:1. death certificate of the deceased and marriage certificate 2. Birth certificate of all the children and their marriage certificate.3. Deed of relinquishment if anywe can get it done within 7 days provided we get an appointment with the concerned authority.