Advocate Rohan Venkatesh Yemul

Questions Answered by Advocate Rohan Venkatesh Yemul (100+ answers)

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 Rohan Venkatesh Yemul answered
Since the society has already transferred the share certificate in your and your mother’s name and your brother has given NOC, you should not face any major legal issues while selling the flat. However, keep in mind the following points to ensure a smooth transaction:If your father’s flat was self-acquired and not ancestral, and he nominated you and your mother, the nomination only allows the society to transfer the share certificate, but it does not grant absolute ownership. Legal heirs still have a right to claim their share. Since your brother has given NOC, it means he is not contesting the ownership, which strengthens your position.Before selling, ensure that you have a succession certificate or legal heir certificate if required by the buyer. Some buyers insist on an indemnity bond to protect themselves from future claims. If the property is in Maharashtra, you can also register a deed of confirmation stating that the transfer is in accordance with your father’s nomination and your brother has no objection.To avoid any disputes in the future, make sure the NOC from your brother is properly drafted on stamp paper and notarized. If he is willing, you can also get a registered relinquishment deed stating that he has no claim to the property.If all these steps are properly followed, there should be no legal hurdles in selling the flat. Let me know if you need help drafting any legal documents.

Q: Hello doctor, I need some advice due to immense marital issues I have.

Hello doctor, I need some advice due to immense marital issues I have.I have an intercast marriage, I have known my husband since 2004 . He was my manager in Wipro , and I was an innocent girl at that time who didn't know about this cruel world. From Jan 2005 I was in a relationship with my husband. My husband was caught in a very famous wipro fraud where he and he was accused of transferring money illegally in his sister's account in usa. After which he was removed from wipro in 2006

Advocate Rohan Venkatesh Yemul answered
It sounds like you’ve had a long and complicated relationship, and now you’re facing serious marital issues. Your husband’s past involvement in fraud and his removal from Wipro must have been difficult to deal with. Since you’ve been together for nearly two decades, what are the key issues affecting your marriage now? Are they related to trust, finances, his past actions, or something else?If you’re considering legal options, emotional support, or advice on how to move forward, let me know how I can assist you. Are you thinking about separation, counseling, or any legal action?

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 Rohan Venkatesh Yemul answered
Since the City Survey Court has already passed a judgment in your favor in 2020, directing the City Survey Office to transfer the flat owners’ names to the correct Property Card (P Card), but the transfer has not been done even after seven months, you can take the following steps:First, file a written reminder to the City Survey Office referring to the court order and mentioning that the delay in implementing the judgment is causing legal and financial difficulties for the flat owners. Attach a copy of the court order and your previous applications.If there is still no response, escalate the matter to the District Collector or the Superintendent of Land Records, who oversees the City Survey Department. You can file a grievance under the Right to Services Act (Maharashtra Right to Public Services Act, 2015) to ensure timely action.If the authorities continue to delay, you can file a contempt petition before the City Survey Court for non-compliance with the 2020 judgment. The court may summon the responsible officers and direct them to take immediate action.Alternatively, you can file a writ petition in the High Court under Article 226 of the Constitution for enforcement of the court’s order, seeking directions against the City Survey Office for the immediate transfer of names on the Property Card.Taking legal action against the inaction of government authorities usually speeds up the process. Let me know if you need help drafting a legal notice or a contempt petition.

Q: Purchased an open plot but no name on 7/12

I purchased an open plot of 2000 sq ft. at Karde village Tq. Shirur in 2017. My name doesn't show on 7/12. I also don't have original Kharedi khat. I have only attested copy by notary.What is the process to get my name on 7/12

Advocate Rohan Venkatesh Yemul answered
Since your name is not on the 7/12 extract and you do not have the original sale deed (Kharedi Khat), you will need to follow a legal process to get your name registered. Here’s what you need to do:First, check with the Sub-Registrar’s Office where the sale deed was executed. If the sale was registered, you can obtain a certified copy of the sale deed from the registrar. This document is crucial for getting your name entered in the revenue records.If the sale deed was not registered, you may face difficulty proving ownership. In such a case, you can approach the seller and request execution of a fresh sale deed if they are willing. If the seller is unavailable or unwilling, you may need to file a civil suit for declaration of ownership based on possession and payment records.Once you have a valid sale deed, you need to apply for a mutation entry (Ferfar) at the Talathi office in Shirur Taluka. Submit an application along with a copy of the sale deed, Aadhaar card, and property tax receipts. The Talathi will verify the documents and forward them to the Tahsildar for approval.If there is any objection or dispute, the matter may be referred to the Sub-Divisional Officer (SDO) for further inquiry. In case of delays or non-cooperation from revenue officers, you can file a complaint with the District Collector or approach the Maharashtra Revenue Tribunal.If you only have a notarized copy and not the original sale deed, this may not be sufficient proof for mutation. You may have to locate the seller and obtain a duplicate from the registrar’s office. If the seller is untraceable, you may have to file a civil suit for ownership declaration.Let me know if you need help with drafting the application or legal steps.

Q: I need your legal assistance regarding a loan isue

I need your legal assistance regarding a loan issue.

Advocate Rohan Venkatesh Yemul answered
Is it a personal loan or unsecured loan ,kindly mention the details related to loan We need to figure out the more details likeLoan type, loan tenure ,and for what purpose the loan was taken ,is the issue of loan defaultKindly specify sir