Advocate Prashil Jairam Arolkar

Questions Answered by Advocate Prashil Jairam Arolkar

Q: Legal Procedure in case Demolition Order Of Municipality Not Executed

What are the next other options available to demolish the illegal encroaching structure in my property if the municipality fails to execute demolition?

Advocate Prashil Jairam Arolkar answered
First check if the said demolition order of municipality has been challenged by other party in higher court.... If not send a representation to the municipality to execute the demolition order. If still the municipality does not proceed with demolition then the only alternative left is to approach the High Court by filing a writ petition...

Q: Neighbor constructed a room over the property without permission

Our neighbours has constructed a room with a watertank pole in my property in our absence at home for about a month. The work is not fully completed yet.We raised an complaint with the municipality but no relief yet. How can I stop the work which is carried out on Saturday's and Sunday's when the municipality is closed?

Advocate Prashil Jairam Arolkar answered
File a Civil suit claiming for exparte injunction at the earliest if the construction is being carried out in your property... So also engage a government approved civil engineer and get the dimensions on the said construction drawn on the survey plan along with the photographs of the same....

Q: Taxation terms in case of house wife being co-owner in property?

I am buying second house for rental purpose. I am applicant and my wife is co-applicant in home loan. my wife is house wife. the property will be registered in both names. We will be mentioned as "purchasers" in sale deed. Pl. clarify: 1. What will be % share in property for each of us. 2.As I will be paying EMIs, to whom tax benefits will pass. 3. The rent will be coming in wife account only. will this be against income tax rules. 4. suggest method so that i can receive full rent in my wife account legally.

Advocate Prashil Jairam Arolkar answered
Please consult your charter accountant for tax related issues. He will be able to answer you appropriately. As regards the share in the property, if you and your wife are goans and if your marriage is registered here then as per the Goan laws your wife will automatically be 50% share holder in your property. For other tax related issues consult your CA.

Q: How to get a stay order vacated

The cooperative tribunal gave a favorable decision to charge maintenance charges as per the rules framed under the cooperative act which is being resisted by the society. The society which is collecting maintenance charges in an inequitable manner without framing any bye-laws for the same, has approached the HC in a WP under article 227 to squash the decision of the tribunal. This is the third WP of the Soc. to financially burden the respondents.I am appearing in person.The Petitioner/society has statutory right to appeal before the Cooperative Tribunal At the hearing society brought up the issue of unpaid dues which was not part of its prayers in the WP. At this, I insisted that the HC decide the validity of the decision of the Tribunal with respect to Art. 227. To this the HC has now stayed the order of the Tribunal until further orders. How do I get the stay orders vacated? Will the matter be decided by the same judge or how do I get a different judge to hear the matter afresh?

Advocate Prashil Jairam Arolkar answered
File your reply and argue the matter on the next date of hearing... The bench before the Honble High Court may change after summer vacation. Engage a lawyer and put your case in the correct perspective. The validity of the decision by the Society to increase the maintenance will have to be looked into after going through the bye laws.

Q: How to cancel the offer for sale after receiving the token money ?

I got a customer for my house about 5 months back, he gave me token of 25,000 and made paperwork on stamp paper, the title of which says receipt cum acknowledgement cum declaration. No clause have been put as to what happens if either party wants to cancel the deal or validity. The breakup of installments to be paid have been mentioned according to timeline, like advance in 3 to 4 months and balance in 8 to 9 months. The advance was suppose to come by January, now customer is saying due to demonetization he will have to delay the payment. I would like to know how can I go ahead and cancel this deal and pay his 25,000, since the buyer is adamant on buying more time and not willing to cancel.

Advocate Prashil Jairam Arolkar answered
First and foremost I would like to advise you not to cancel the agreement as due to demonization, property prices have been affected and youay not get the same value for your property again. You may extend the same agreement by entering into an addendum to it as regards the extension of time for making payments. Of you don't want to continue then see if there is a clause in the agreement as regards what happens if the purchaser fails to fullfil his promise.