Advocate Noel DSouza

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Questions Answered by Advocate Noel DSouza

Q: husband's flat deoesnt have my name onit.

he has only his name onthe agreement. and his share certificate / society document, i dont know whom he has kept nominee there. assuming his mother is his nominee on the soceity document/share certificate . if he dies will i get the ownership of the flat. [Hindu religion]. my name is registered as my before marriag name. and i have marriage certificate as proof.

Advocate Noel DSouza answered
hi, if you are Goan and was married under regime of communion of assets then you are entitled to get fifty percentage of his share and vice versa, he cannot sell the flat without you being a party to the sale deed.

Q: Regarding my divorce matter were my husband's mother has got the POA

I wanted to know if my husband's mother got the POA than can my husband's mother despose of the evidence or does he need to be present for his evidence as he's abroad and says he will come when the case is over and he even calls and sends me texts that he will marry me and cancel the case and he wants me to finish the case when he applied for a divorce.Secondly before the evidence he blocks me on WhatsApp.I really am helpless and I wanted to know if there's anyway to bring him down for his evidence?Please reply.Thank you

Advocate Noel DSouza answered
Hi, first you will have to check whether the power of attorney given to your mother in law has powers to depose in the court of law for divorce, if at all if she has she will not be able to depose the personal knowledge of your husband, if he doesn't come for evidence stage his evidence will become weak. for further clarification ### nine eight two two five eight two zero eight two.

Q: My Father died few months ago, he only made one will for 1 of his flat

My father died a few months ago, he owned 2 flats, one of his flats in Goa has been willed to me, his daughter, Because of the Portuguese civil code, both Mum and Dad made a will each leaving this said flat in Goa to me. They also made what is known as a deed of acquiescence stating that I was allowed to execute their wills separately and bequeath this specific immovable property. How can I execute this will immediately? Both are public wills, can I execute my dads will and claim succession to the flat with the documents I have? If so how? Can I instruct a lawyer to do this on my behalf. Can my mum have a change of heart and mind now and revoke this ? Seems strange why she no longer wants to honor my dads wishes as she asked me to tear up the copy. My father had another flat in Mumbai, it not in her name and there is no will for that property, is she able to claim the whole property via probate? do I still get to have a stake in that property? What about their joint bank accounts?

Advocate Noel DSouza answered
Hi, upon your father's death you can get the deed of succession done or inventory proceedings in the court and also annex the will in the said deed of succession, you are also entitled to claim your fathers share based on the said will. If your parents were married under communion of assets both get right in the properties. if you want further clarificatins ## nine eight two two five eight two zero eight two

Q: Leakage of bathroom from above flat

How should I proceed in taking legal action against the owner residing above my flat?. I tried requesting them , he didn't respond ,I personally went and request him ,I tried getting my plumber but nothing seems to work

Advocate Noel DSouza answered
Hi, first you talk to the owner and tell him the problem, if he refuses to repair the slab, send him a legal notice, inspirte of that he refuses to repair then you will have to file a complaint in the appropriate forum. Please contact nine/eight/two/two/five/eight/two/zero/eight/two.

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