Advocate Rishikesh Gherade

Questions Answered by Advocate Rishikesh Gherade

Q: Signing authority of the Chairman of coop. hsg. society

Can Chairman / Secretary of Coop. Hsg. Society, in the absence of conveyance deed, sign as an authorised signatory for a 5 year legal contract with a telecom company to install small cell tower / booster on the terrace of society building?

Advocate Rishikesh Gherade answered
He can but there has to be a resolution to be passed by the society authorising chairman to act on behalf of society. The resolution has to be ratified in the subsequent AGM/SGM to take effect. Conveyance deed is not required as it is being installed on the society terrace for a limited period.

Q: Father died without will. Land to be sold by sons/daughters.

We are three brothers and two sisters. My father died without a will. There is a piece of land in his name. My elder brother earlier told me that the land is in his name but after countering him with some proofs, now he agrees that the land is in our father's name. He wants to sell it as soon as possible and is now willing to give me my 1/5th of the share. Now, there is one another piece of land which is owned by my father, and my elder brother is claiming that it belongs to him. I have raised a condition that only if both the properties are sold or an agreement is made mentioning my rights, only then will I sign. I am now threatened by my brother that if I don't sign, he will file a case against me. He says the other piece of land we will see later, first let us wind this up.1) Can he file a case against me that I am not cooperating despite all other brothers/sisters ready? 2) Is my condition for signing justified?3) Can courts direct me to sign if majority heir say so?

Advocate Rishikesh Gherade answered
You’ll have to issue a notice to the builder calling upon him to not disburse any compensation without the consent of the legal heirs. Secondly, you’ll have to file a partition suit in High Court as the legal heir and pray for division of property. Only then can your rights be secured.

Q: Need to draft a agreement for sale of the person died intestate

Need to draft a agreement for sale .The property is of a person who died in died intestate without naming anyone for the claims of the property but had given 100% nomination in favour of the Transferor his wife from whom we are buying. The other legal i.e children has given POA in favour of their mother for sale of the property .Question:-Who will be the transferor only wife or all How to draft the agreement .

Advocate Rishikesh Gherade answered
The Transferor will be the wife. Ideally she ought to have got a legal heirship certificate or letters of administration to perfect her title to the property. But since it will be time consuming, the agreement can be made with her as the party and make the children as confirming parties to the agreement. Also get a separate indemnity registered in which they Vendors will be Obligors and you will be the Obligee. In my opinion this should be sufficient to safeguard your interests.

Q: SARFAESI 13(2) Demand Notice and Fraud by borrower

I entered into an MOU with a seller for purchase of a residential flat in Mumbai for Rs. 2.5 Crores. Accordingly I made several payments to the seller totalling to Rs. 1.9 Crores. Based on partial payments, the seller has granted me a peaceful possession of the property and I'm living in my new house with my family for last 6 months. Recently, few days back, i got to know that the property is mortgaged with a mumbai based NBFC and the NBFC has sent a notice to the seller under SARFAESI Act and a copy of the same notice was stuck on my door. As the notice is addressed to the seller I'm not a party to the notice. However, I will be the affected party if the NBFC comes to take possession of the property. the seller is fraudulent and is not interested in taking any action against the NBFC. How can I protect my interest ? I am ready to pay the balance consideration of Rs. 60 Lakhs but the outstanding loan on the property is RS. 2 Crores.

Advocate Rishikesh Gherade answered
You’ll have to file a section 17 application under SARFAESI in the competent DRT and move an interim application therein on the grounds that you are residing in the premises and that stay be granted on further proceedings including taking physical possession and subsequent auction.

Q: Boyfriend blackmailing seeking sexual favour from girlfriend's sister

My friend is in a relationship for 2 and a half years..he asked her parents that he will marry her the next year. from the beginning of the 2 years, he tortured her and he blackmailed her that he wants some nude pics of her sister. She said she will tell her parents and put up a case but he didn't listen to hee words and he blackmailed her that he will put her pics on the internet if she didn't allow him to take a nude pics of her sister. One day he sent some boys to her house and asked her to send her sister pics if she don't send those pics the boys will get into my sisters room and try to rape her..so she send her sister pics.. she's really feeling so guilty that she can't do like this..but there is no one here to help her from that sadist..ow he is saying that he wants to rape her sister..she don't know where she should go and what she should do.. she made a big mistake but pls help her through it..sir plz advice her

Advocate Rishikesh Gherade answered
File a detailed police complaint. And also inform the cyber cell. He will be arrested and taken into custody immediately. The more time your friend takes to think over this, the bolder he will get in his approach.