Advocate Ranabir Datta

Questions Answered by Advocate Ranabir Datta (100+ answers)

Q: I have redevelopment n release deed related question

Our society is going under redevelopment. After dad ' death , we three siblings and my mom have equal share in property. Cos dad din leave any will written on mom's name.Now since society is going under redevelopment, chairman of society told one shud be holder of flat. Now to make my mom holder of flat. We need to do release deed. For release deed we are ready to give up our shares to mom. But the problem is my brother stays in Scotland. Earlier he told he is ready to give. He sent signed papers through watsup of poa ( power of attorney) To sign on his behalf since he can't come. But now lawyer is saying that pdf of poa signed won't be valid. Need attested embassy poa. But brother is saying he don't have time to go embassy. He says he will come wen he has time But since time n days are passing by and chairman is saying we won't be able to get to sign da agreement and won't get rent. And corpus fund.

Advocate Ranabir Datta answered
Your brother must provide a legally valid Power of Attorney (POA) attested by the Indian Embassy in Scotland for it to be recognized in India. A simple PDF or WhatsApp copy is not legally enforceable. He can opt for an apostilled POA as per the Hague Convention, which may simplify embassy requirements. Alternatively, he can delegate signing authority to a local lawyer. Delays may impact redevelopment benefits, so he should act promptly.

Q: Running clinic from home is it legal

I am a qualified paediatrician, with proper registration, I am running clinic from residence in coop hsg society.Chairman n treasurer are objecting n not allowing patients to enter society.Please advice what action can be taken.

Advocate Ranabir Datta answered
You can first check your society’s bylaws to confirm if medical practice from residence is restricted. If not, you can issue a legal notice citing your fundamental right to profession (Article 19(1)(g) of the Constitution of India). Additionally, you may approach the Registrar of Cooperative Societies or file a suit for obstruction.

Q: We want to sell flat with NOC...........................

Sir My Dad kept me and my mom as nominee in one flat and he died, I have brother also, but he stays in another city. Now society transferred Share certificate on our name ( me & mom ). Now we are selling that flat with NOC from my brother. we are the only legal heirs. will there be any issue ?

Advocate Ranabir Datta answered
Since you and your mother are the nominees and legal heirs, and the society has transferred the share certificate in your names, the sale should proceed smoothly. However, nomination does not override inheritance laws, so your brother’s NOC is crucial to avoid any future disputes. Ensure all legal formalities, including obtaining a succession certificate or legal heir certificate if required, are completed. Consulting a property lawyer can further safeguard the transaction.

Q: Fraud Issue done by people who wanted to shift to our Flat.

3 people liked the our flat for rent. They paid 21000 deposit. rent was 10500. 14000 was spend in repairing the house. They told the rent They will give in will pay later. Agreement was done from our side. They were ready to shift. But suddenly they told that they want to continue in old flat in last moment. Home repairing work is done already done. We cannot return the security deposit as my mother has injury in thigh joint, I am not doing the job. We are facing financial issues.

Advocate Ranabir Datta answered
You can retain the security deposit based on the breach of agreement by the tenants. Since they decided not to move in after committing, you can argue that the repair costs and time spent on preparing the flat justify retaining the deposit. However, ensure you provide a detailed account of expenses, including the repair costs. If necessary, send them a legal notice to resolve the issue amicably, or file a claim in small claims court for breach of contract.

Q: city survey office delay in adding name on property card

The apart. was build on the wrong CS number "given by city serve office, thier mistake". the party got the name registered on his number in 2009. but flat owners names were not transferrd to true number. we followed the matter through the city servery court. the judment favoured us 2020. Apart was given correct CS number. court directed city servey to transfer all flatowners names on property card. we made the appplications but name not yet on P card 7 months. what to do?

Advocate Ranabir Datta answered
You can file a contempt petition in the relevant court for non-compliance with the 2020 judgment. Additionally, send a legal notice to the City Survey Office demanding action. You may also escalate the issue to the Collector’s office or approach the High Court through a writ petition to direct authorities to update the property card. Simultaneously, follow up with written reminders and obtain acknowledgment of your applications to strengthen your case.