Advocate Prashant Chandrakant Nikalje

Questions Answered by Advocate Prashant Chandrakant Nikalje

Q: Adding names to existing property

We have a property on elder bro's name, we want to add remaining two bro's names on that property, can it b done thru an agreement etc?

Advocate Prashant Chandrakant Nikalje answered
No, names cannot be added to an immovable property title through a simple or notarized agreement. Under the Transfer of Property Act and the Registration Act, title or ownership shares can only be legally transferred through a registered instrument.​The most practical route is for the elder brother to execute a Registered Gift Deed, transferring an undivided share (such as 1/3rd each) in favor of the two brothers. Alternatively, if the asset was purchased from joint family funds, a Registered Family Settlement Deed can be drawn up to record all three brothers as co-owners. Once the deed is registered before the Sub-Registrar, you can update the municipal records, society share certificate, or revenue records accordingly.

Q: Is PoA registered in Karnataka valid in Mumbai?

Hello, My father is 82, now residing in Bangalore. Earlier was living in Mumbai. My father has given a PoA to me and my sister to act on his behalf for any property or financial related matters. The PoA was registered in Karnataka and stamp duty of Rs. 1000 was paid. Is the PoA valid in Mumbai? What do I need to to make it valid?

Advocate Prashant Chandrakant Nikalje answered
Yes, a Power of Attorney registered in Karnataka is valid, but to enforce it for property transactions in Mumbai, you must comply with Section 18 of the Maharashtra Stamp Act. The document must be submitted within three months of its receipt in Maharashtra to the Collector of Stamps for adjudication and payment of applicable stamp duty. Since the PoA is executed in favor of direct blood relations (son and daughter), it attracts nominal stamp duty. Once adjudicated and properly endorsed by the stamp authority in Mumbai, it will be fully effective and legally acceptable for all property and financial dealings.

Q: Discharge petition after framing of charges

I have received an important evidence to contradict charge sheet. I have not applied for discharge petition and charges have been framed in last hearing. Next hearing is for fixing schedule of prosecution witness. Can I file discharge petition now? Will judge allow. Can I go to high court for quashing now at this stage? Please reply and help me

Advocate Prashant Chandrakant Nikalje answered
Once charges are framed by the court, a discharge application cannot be entertained at this stage by the trial court as it has no power to review its own order. However, you can approach the High Court by filing a petition under Section 482 of CrPC (Section 528 BNSS) for quashing the charge sheet / proceedings, or a Criminal Revision challenging the order framing charges. The High Court may consider your evidence if it is of sterling and unimpeachable quality (as per Rajiv Thapar judgment). Otherwise, you can effectively use this evidence during the cross examination of prosecution witnesses and lead it as defense evidence under Section 233 of CrPC.