Advocate Prathamesh Singh

Questions Answered by Advocate Prathamesh Singh

Q: Guilty person doesn't want to appear in court,so as to delay the court

I have face cheque bounce case, the guilty person doesn't receive the summons send by court, as he changed his address frequently. & now I didn't know his new address

Advocate Prathamesh Singh answered
Good Morning Sir,in the 138 cheque bonus case if the summons is not served on the knowing address then you can approach the court for serving the person via what's app number , Email I'd or normal message or you can atleast paper publication application or you can take police help to find person after giving application at court. court will decide possibility of service of summons.

Q: Gift deed residential property case.

My parental aunt (spinster) gifted me a residential property in mumbai the 2016( registered gift deed). One of my sister was unhappy,n hence she influenced my aunt to file case against me for fraud gift deed in 2018.My aunt died recently.kindly advice regarding the case.

Advocate Prathamesh Singh answered
Good Evening,firstly I have to go through the register gift deed in the year 2016 between you and aunt.After that only I can give you suggestion regarding this matter.and is your aunt has filed a case against you in court for cancellation of gift deed which is registered in the year 2016

Q: Will probate petition filing procedure

Does anyone of the beneficiaries have to be present in the court at the time of filing a will probate petition Or only the advocate have to go to the court for filing petition for will probate? And how does the court gives acknowledgment for recieving the court fees for will probate? And how does the advocate acknowledge for recieving his fees, if it is in cash?

Advocate Prathamesh Singh answered
Good Evening Sir,All beneficiaries are required to be present in the court before / mid of the process it's necessary.you will receive paid court fees challan.andadvocate can give received payment invoice.

Q: Legal heir transmission of flat in the co op society

The flat situated in Navi Mumbai is solely owned by my wife who demised in Nov 2016. I myself and our two daughters are the legal heirs of the deceased. If I wanted to transfer the ownership of the flat in my name , what would be the entire procedure and cost? Is it necessary to register deed of family settlement.Kindly advise me.Thanks.

Advocate Prathamesh Singh answered
Hello Good Afternoon, First and foremost you can file for Succession/Legal Heir Certificate for transfer of Flat. Also the court fees will be for maximum Rs. 75,000/-. It will take minimum 4-5 months and maximum 7-8 months (it depends on court) and Advocate's professional charges would be around Rs. 35,000/- excluding court work charges. For example: Court fees, Paper publication,etc. And also you can register deed but is not advisable.

Q: Removing Co-Owner for a property

I am a NRI. I own a property with a co-owner. I want to know what is the best way to remove co-owner. Co-owner is a aged person who lives in India. What is the best way to complete the transaction while I will be outside of India.

Advocate Prathamesh Singh answered
hello, you can remove co-owner by execution of release deed or relinquishment deed.if you cannot come you can executed a power of attorney in any one of trusted person to execute release deed or relinquishment deed.