Advocate Premchand L Malpani

Questions Answered by Advocate Premchand L Malpani

Q: What is the procedure for changing the name in flat ownership documents? Specifically, how to change

I have a flat in Pune that is jointly owned by my son and me. I included my son's name for a loan, as I was 53 years old at the time and the bank would not provide a loan in my name alone. I have made all the payments from my account, while my son has not contributed. Now, I want to include my wife's name in the deed and remove my son's name. My son is willing to sign any legal documents for his mother. How can I change the name in the flat agreement, and how can I transfer ownership of the flat?

Advocate Premchand L Malpani answered
you have to make correction deed. it should be registered, there might be you have to pay stamp duty because your wife is not in your blood relation. this the law regarding this type of deed. so be clear

Q: How to get stay order on agricultural land?

We collectively own 4 acres of land among 4 brothers. According to the 7/12 extract, the land appears to be divided equally, but in reality, my portion maps to 20 ghunte while the remaining 20 ghunte belongs to the other 3 brothers. They are refusing to give me my rightful 20 ghunte of land. Can I obtain a stay order for the 4 acres of agricultural land? How to get stay order on agricultural land?

Advocate Premchand L Malpani answered
yes. but this land should be your joint family property. you have to file case for partition. so that court will decide that how much share you will get in this land. partition suit is the only one way to get your land in your possession

Q: What is the procedure to take stay order from court

i have 2000 sq plot on my name i have constructed my place with cement sheet shade now i got a notice to remove it from municipal what will be the cost to take stay order and how to get stay order from court?

Advocate Premchand L Malpani answered
File a civil suit against municipal corporation in civil court and satisfied to court that you have bona fide requirement of this plot and not make any mistakes while purchasing the said plot and give all related documents to your advocate

Q: Does license suspension takes place in court for drunk and drive

Is the license suspension will take place in court case of drunk & drive. Since police was saying there may be suspension of driving license for one or two years & penalty Rs. 10000, IS IT CORRECT, PLEASE ADVISE ME

Advocate Premchand L Malpani answered
It is depend on how much section they applied and what section. But there is no such huge amount of fine to collect. License can be suspended but if you are ready to pay the fine then your license will not be suspended because it is not a criminal offence

Q: Leakage from above flat spoiling the interior of the property

I have taken a commercial property to run my business from sept2017 and from beginning there has been some leakage issue ,only couple of months gone and now bcz of the leakage issue from the above flat the interiors are getin spoiled,landlord however expects us to bear the entire cost which is definitely not a part of any agreement as the leakage is not from the office property but from the above flat. My due date for rent is 15th of every month can I hold the rent for sometime n if yes for how mny days ?

Advocate Premchand L Malpani answered
Yes you can hold the payment. And you have to told your owner that this issue is not your personal issues and it is the duty of every owner to provide proper relief to every tenant. If he denied then you have all legal right