Advocate Pavankumar Bhansali

Questions Answered by Advocate Pavankumar Bhansali

Q: Medical Negligence case in National Consumer Disputes Redressal Commis

I had filed a medical negligence case for 2nd time in NCDRC in 2016 ( Under Fresh and Continues cause of action and discovery of new facts due to past medical negligence), which was admitted but later it was dismissed on maintainability 2019. Again I filed a Review Application in NCDRC against the Judgement passed by NCDRC. Last week NCDRC has dismissed the Review Application also. Now what are the legal options available for me to proceed in this matter?Please guide.

Advocate Pavankumar Bhansali answered
you can now file appeal within 30 days from appeal before Hon'ble Supreme Court Every medical negligence depends on expert opinion regarding negligence of doctor.also search some case law related to your dismissal reasons means which helps you lot

Q: Provision to sell a part of a single joint property

I hold 1/6th undivided share in a ground + 5 floor building. On property card my great grand father & his two brothers name are there. We have not done partitioning of property. Out of 22 rooms 3 rooms are in my possession. My uncle's are looking after collecting rent from tenants. They neither show me account's nor give me my share of rent. Can I sell my 3 rooms & 1/6th share without their NOC? If not, what is the procedure?

Advocate Pavankumar Bhansali answered
File partition suit Get ownership from courtThen sell to any oneNo problem but till then you have to take NOC if the property is not in your name The NOC from all the legal heirs of class one. Including mother son daughter all

Q: Society secretary asking to pay a fine of 25000 for car parking

Hi Sir, I have purchased my flat in 2009 under construction. I got the possession in 2011. When my agreement was made in 2009 I could not afford for car parking so I opted out for car parking. My flat was rented out and I was out of India for my work. There after my father use to look after the flat and tenants. In 2013 I was allotted car parking by builder. I have the allocation letter. Me along with my family have now came to leave in our flat, and since we have allocation letter, I have put on a name board on my allocated parking. The society secretary has removed the name board without giving any prior notice in written and is saying the parking is illegal. He is asking me to pay fine 25000/- Rs and is not allowing me to park my vehicle. What should I do now? .. Pls guide the correct way.. thanks

Advocate Pavankumar Bhansali answered
First thing if you have allotment letter of parking then no need of payment.You already buy the parking hence no need to pay to society.You sent legal notice to them for their illegal activities and intentionally trespass of your parking

Q: How to transfer flats to son and daughter-in-law

I have three flats in Andheri West, Mumbai. I want to transfer them to my son and daughter in law. I believe that such transfers attract stamp duty of Rs 500/ only. Kindly let me have the necessary format and advice. I am a Hindu

Advocate Pavankumar Bhansali answered
If you want to transfer only on your son name then 1% and 500 stamp.If you want to transfer on your daughter in laws name then 6% stamp duty.You whole part transfer on your son name or half on son name by gift deed remaining half on daughter in law name by 6% on that half part

Q: How to claim right in the flat

Dear Sir / Madam, My Grand father made 2 will 1st will they given to elder son {My uncle} ( as per first will 100% property right will get elder brother, Will made in 2005) 2nd will is with my dad ( As per this will 50-50 % right given to both the brothers, Will made in 2007). Now situation is my uncle and Grand Father both are no more. (uncle left us around 6 years back and grand father left us 2 and half years back. Now My Aunty and their 2 sons not ready to give us right to enter in that home. When my grand father bought that property it was in slum now under SRA Scheme building has been developed and we are eligible for 1 flat located in Parel (Mumbai). SRA Flat is ready but due to our request builder is not giving key to my aunty. But with the help of political parties they forcing on builder to give the key. Please guide me on this and how can I claim our right in that flat.

Advocate Pavankumar Bhansali answered
Please note last will is always prevailing.For the said right you have to go to court.Court will give you permission to enter into house.For the same you have to file civil suit.For more details contact to any advocate