Advocate P A Narayanan

Questions Answered by Advocate P A Narayanan

Q: Clarification on allotment of car parking space by society

I have purchased a open parking for car from builder before formation of society like other flat owners / society members. I am not living there as I have alternate accommodation arrangement. Till date the deemed conveyance of building is not done by builder. Only daily services are handed over to society. The society has approved all open car parking in AGM except mine without giving any valid reason. Even though after a lot of correspondence, they have not approving my car parking lot. What action shall I take to get the approval from society to my open car parking? Should I go to cooperative court / consumer forum / registrar?

Advocate P A Narayanan answered
You have not stated when you have purchased the open car parking space. By its judgement passed in the year 2010, the Hon'b;e Supreme Court has held that the Builder cannot sell the open car parking space and all the car parking spaces including stilt parking space belong to the society and as such the Society is entitled to allot the car parking space either on first come first served basis or by draw of lots.

Q: How can lent money be recovered if receiver is refusing to return it

i lent a sum of rupees 25,000 to a girl who resides in mumbai and i am a resident of gurgaon. she has refused to return the money, though she acknowledged borrowing it on whatsapp. which court will have the jurisdiction for filing the suit against her? also what sections of which act can i file a case under?

Advocate P A Narayanan answered
You have to issue a demand notice calling upon her to return the amount together with interest thereon. On failure to return the money within the time limit specified in the notice, you may file a recovery suit for the amount lent and advanced as a friendly loan in the appropriate Court at Mumbai.

Q: Civil suit against BMC for illegal demolition of otla enclosures

Civil Suit BMC for illegal demolition of my otla enclosures, in Civil Court Dindoshi, JUDGEMENT given in my favour----- You are permitted to Reconstruct and the demolitions by BMC declared illegal . BMC advocated raises objection and says we --BMC will challenge it in High Court. Judge tells me to wait for 2/3 weeks and Go Ahead with reconstruction..... Please advise the situation, and what to do, and pros/cons....Thanks Dt. of Judgement: 21/03/2018

Advocate P A Narayanan answered
As the trial court order is in your favour and there is no stay order, you may proceed with the reconstruction. But it will be prudent to wait for the BMC to prefer an appeal within 30 days of the order so that any adverser order in the High Court will allow the BMC to demolish the same once again or you may be required to demolish the same on your own.

Q: How can any gift deed be made if property is mortgaged in bank

Me & my spouse own a joint property and a joint housing loan. I am transferring my share in property in her name and she shall take up the loan liability. can we register the gift deed while the property is mortgage with bank? what should we approach the bank with?

Advocate P A Narayanan answered
You need to approach the bank with a request to permit you to execute a Gift Deed in favour of your spouse. Once the Bank gives your permission, you may execute a Gift Deed and register the same with the Sub-registrar of assurances even though the property is mortgaged with the bank against housing loan.

Q: Transfer of self acquired property to son after father's death

I want my self acquired property(bought from CIDCO) in Navi Mumbai to be automatically transferred to my 2nd son without any legal hitch after my death. What formalities are to be done by me before my death

Advocate P A Narayanan answered
In order to transfer your self acquired property automatically to your second son you may execute a Will bequeathing the said property to your second son absolutely. Presuming that your property is a flat in a co-operative housing society,you may also nominate your second son as the nominee to the said property. Both these documents will take effect after your demise.