Advocate Raunak Rane

Questions Answered by Advocate Raunak Rane

Q: Procedure for nomination in property and document required for it

hello sir/mam we have family property in malad i want to know whats the process of nomination in propertywhat documents i have to give ?? suggestion please

Advocate Raunak Rane answered
Dear sirThis is a incomplete question. The nomination process depends upon the property that you have. If its a flat then you will have to give a application to the co-operative society, its a land then you cannot nominate someone you would either have to execute a gift deed or make a willPlz complete the question with the following details only then i would be able to help you

Q: Can a person without a registered POA attend court hearing

may a person take participate in court hearing as a party,who has power of attorney but POA is not notorised and also not registered. (HINDU)

Advocate Raunak Rane answered
Ya sure, there is a comman misconception that PoArequires to be registered. It is not so. Unless and until the PoA is done in good faith and not under any coercion or misrepresentation then it is valid

Q: Licenses required to start a tiffin service

What are licenses required for Tiffin services provided by one person company

Advocate Raunak Rane answered
No such licence is required as tiffin service does not fall in commercial activity, it falls in household activity. If you planning to do it on a very huge scale and commercial basis then you will require food licence kitchen licence etc

Q: Gave POA to mother and she gave property for redevelopment is it valid

I had given the power of attorney to my mother along with my brother and 2 sisters 15 yrs ago for the house in our native place. It is not registered. Last year I knew that all of them without informing me gave that property to a builder for development. Now the building is ready.Will that transaction be illegal as POA is not registered? I don't know whether they have registered it in registered office. If not my presence in the register office is necessary or not? Can I execute stay order?

Advocate Raunak Rane answered
Dear sirAny power of attorney is legal power of attorney as long as it done without any coercion or misrepresentation. It is not compulsary to register a power of attorney. However if you wanted to cnacel the power of attorney you should have sent you mother a notice of cancellation. Even then the contents of the power of attorney are most important , if incase you have given them the powers to sign documents on you behalf or to give the property for further development only then you stand a chance to stop the transaction.

Q: 3 co-owners want to sell a flat,one co-owner refuse to vacate or sell

My father had a 2 BHK flat in MUMBAI in a co-operative society, after his death we 4 brother A,B C, D became equal co-owner, 3 years back A passed away, after which his 3 sons nominated A wife name as co-owner in the society.ow the ownership is in name of A's WIFE, B,C & D. B,C, & D live in Kolkata & all above 70 yrs age. Now B want to sell the flat for which C & D agree, BUT A,wife who is OCCUPYING the flat with his one son, son wife, Refused to Vacate the flat or buy other 3 owners share. A's wife refused any talk with other co-owners and asked to go to court.1.Is the partition suit the fastest method to get relief in High court or any other type of case can be filed to get the flat vacated from A's Wife & family & then sell.2.how many MINIMUM years it takes in Mumbai high court for such Partition suit of a flat to get final order.4....its 2 room flat & cannot be partitioned in 4 parts. can we get the interim relief of the occupancy of atleast 1 room under our lock& key.

Advocate Raunak Rane answered
Dear sir, you case is not at all as complicated as you think it is. First of all one cannot go directly to the Bombay high court for filling a suit for partition. First you need to file a suit in thr metropolitian courts in mumbai. However taking this course of law will eat up a lot of your time and money. It is better that you go for arbitration. However let me remind you, a physical partition is not allowed in the eyes of law of a dwelling house. It can be done of a land other immovable property. However is A's wife is ready with the adjustment then out of court partition can be done. But in your case she is not willing to co-operate with you. Hence i suggest that you send her a legal notice through the advocate and suggest a mode of out of court partition of the house through a way of mediation or arbitration. I could do this for you and help you with the same. My contact details are in my profile.