Advocate Rakesh Tiwari

Questions Answered by Advocate Rakesh Tiwari

Q: Legal heir certificate or property tax still on the name of died perso

Father died, as per succession law elder son give POA to developer which is registered,DA is notary, property tax still on the name of died person, elder son doesn't obtain legal heir dakhala, or transfer property tax, in future society going to be registered, pls let me know if society gets registered legal heir will interfere, will it create issue in reselling the flat

Advocate Rakesh Tiwari answered
according to Indian succession act class 1 heirs are wife of deceased children and mother of deceased if this people claim in the property dispute will arise. however society have everyright to ask for heirship certificate for transfer of share

Q: Can i deny selling my property post token was collected from buyer

Recently i had agreed to sell my land the purchaser transferred the token amount. Can i cancel selling the land to him?

Advocate Rakesh Tiwari answered
yes you can definitely do it you need to return the token amount and if any agreement is made between you and him/her needs to be cancelled and if the person purchasing the property have incurred any expenses toward agreement and property return it

Q: Request to Remove Second Wife's Name from Property Documents

I am seeking legal guidance on a property matter. My late father, a Hindu, had two wives, and my mother is the first wife. The property documents currently include the second wife's name, which we wish to remove. Our goal is to retain both sets of children's names while excluding the second wife's name. Could you please advise us on the legal steps required to achieve this?

Advocate Rakesh Tiwari answered
need to give complete details that was second wife legally wedded wife if yes then she is having share in the property and she is successor to the property and if she gives NOC then only her name could be removed in other case her name could be directly removed for further inquiry you can call on my number

Q: Litigations property with Nyati Emerald, Baner

I am planning to purchase a residential property in Nyati Emerald, Baner. As per their team and RERA website, there are 4 civil litigations going on with this property. Could you please let me know if it's considered safe to invest in this property?

Advocate Rakesh Tiwari answered
You can purchase the property if their is no stay order in respect of sale and purchase of the property. however before proceeding ahead check for lawyer who would verify the papers and also the case so that proper advice is given

Q: Regarding Sale Deed of flat at Wagholi, Pune

We are currently in the process of purchasing a 2BHK resale property in Wagholi, Pune. We have obtained all the necessary documents except for the "Sale Deed." It's important to note that the stamp duty & registration fees have already been fully paid. However, the sale deed has not yet been executed between the builder and the owner. The bank is requesting us to provide the registration deed between the builder and owner. In this situation, can the"Sale to Agreement" be considered equivalent?

Advocate Rakesh Tiwari answered
The first purchase from the builder to the purchaser is Agreement to/for sale after that society is formed and builder conveys the whole building along with land to the society and hence in that case the first purchaser only have agreement copy and it suffice your purpose for further detail you can call me