Advocate Rakesh Misar

Questions Answered by Advocate Rakesh Misar (200+ answers)

Q: Can power of attorney be given to non blood relative ?

A person who leaves in Canada for last 15 years (basically from Mumbai), presently at Mumbai would like to execute POA in favor of his cousin brother for executing Permanent Alternate Accommodation Agreement. Can he give Power to his cousin brother who leaves in Mumbai or Blood relation is necessary. plz tell me to whom power of attorney can be given ?

Advocate Rakesh Misar answered
Dear Querist, if you want to give power with rights to sell then you have to pay stamp duty as that of conveyance document. So its better to give power of attorney with limited power of attending registration office and collecting rent and pay taxesRegards,Rakesh V. Misar

Q: Can siblings claim their rights on property transferred by a gift deed? Specifically, can a sister c

Dear Sir/Madam, my mother (Hindu) received about 3 katthas of land from her father, and she has gifted me 2 katthas through a registered gift deed. Now, my sister is claiming an equal portion and has lodged a court case. What would be the result of this? Can my sister challenge the gift deed? Can the gift deed be challenged by siblings? Additionally, may I execute another gift deed for the remaining portion of the land, considering my mother is still alive?

Advocate Rakesh Misar answered
Dear Querist, a gift once made cannot be revoked unless there is any specific condition for its revoking. As gift deed is already executed So your sister cannot claim it. But other part of it is, your sister as a legal right in her mother's property. But as your mother during her lifetime has disposed off her rights, now no one can question.Please feel free to call us, if any further queries.Regards,Rakesh V. Misar

Q: How to change address in domicile certificate online?

sir i am from nagpur and having domecile of maharashtra state but now my family has shifted to uttar pradesh. can i change the address if yes then domecile of maharashtra state will be legal or not

Advocate Rakesh Misar answered
Dear Querist, Domicile is for a continuous stay for 15 years in a state. now that you have got it it wont be revoked unless you have domicile of any other state. So use this domicile untill you get a new domicile from a new state. Regards,Rakesh V. Misar

Q: Cancel Lease Agreement for land

Hello , My father made lease aggreemet to put petrol pump on land , now I want to cancel this agreement. please guide me for procedure.

Advocate Rakesh Misar answered
Dear Querist,Any cancellation of a document would be as per the terms and conditions of such agreement. You have not mentioned why you want to cancel, whether the lesee has violated any terms and conditions. If there is any violation then you can terminate the contract and claim possession. And if not the lessee doesnt give possession then file suit in court.

Q: Need legal hire certificate from court

My uncle expired 4 months ago what is the procedure to mention his wife as legal hire's of my deceased uncle from court please advice

Advocate Rakesh Misar answered
Dear Querist,You need to file a heirship certificate in concerned court where your uncle was last residing at the time of his death.Apart from his wife if there are any son /daughter then there consent would be required.Regards,Rakesh V. MisarKachwala Misar & CoAdvocates & SolicitorsMumbai.