Advocate Rohan Venkatesh Yemul

Questions Answered by Advocate Rohan Venkatesh Yemul

Q: Requesting your expert opinion in our case

My late unmarried uncle, who passed away in 2007, nominated only my father in 2004. Consequently, my father's name was the sole nominee added to the share certificate. Since 2008, my father has been paying society maintenance, and the electricity bill is also registered in his name. My other two uncles have also passed away.Despite these facts, the society is not permitting us to sell our house and has requested a succession certificate and release deed. Are they genuinely required?

Advocate Rohan Venkatesh Yemul answered
In your case, since your late unmarried uncle nominated only your father in 2004, the nomination allows your father to be recognized as the person entitled to handle the property on behalf of the legal heirs. However, a nomination does not establish ownership under Indian law—it simply permits the nominee to manage the property until the rightful legal heirs are determined.To establish clear ownership and proceed with selling the property, the society is within its rights to request a succession certificate or release deed to ensure there are no disputes from other potential legal heirs, such as the children or heirs of your deceased uncles. These documents provide legal confirmation that your father is the rightful owner or sole claimant of the property.A succession certificate is generally issued by a court to validate claims over movable property and debts. It may not be strictly necessary for immovable property like a flat unless there are financial assets or liabilities tied to the property.A release deed would be required if there are other legal heirs who need to formally relinquish their claims to the property in favor of your father. Since your uncles are deceased, any surviving legal heirs of your uncles might need to execute this document.If there are no other legal heirs claiming rights to the property and your father is the sole nominee who has been managing it (paying maintenance and electricity bills), you could argue with the society that these additional requirements are unnecessary. However, societies often request these documents to avoid potential legal complications.To resolve this issue, you may want to verify if your uncles’ legal heirs exist and are willing to execute a release deed. If there are no such heirs or they have waived their claims, you can document this and submit it to the society. You could also approach the society to explain that the nomination and ongoing management by your father should suffice. If the society continues to insist, you might need to obtain a legal opinion or approach a cooperative court for clarification. As a final option, if required, you can apply for a succession certificate from the court to formalize your father’s claim. Consulting a property lawyer could help you address the society’s concerns more effectively.

Q: Uncle did fraud with us and now acquire the property

Earlier my dad's boss gifted him a home in slum (back in 90's),So we use to stay there and dad allowed his brother to stay with them,Then after gov survey they Said that is area will go in SRA. Then when builder asked for property docs that time my dad submitted all the docs but ration card was not there bcoz my dad didn't made. At that time my uncle was having ration card and he convinced my dad to allow him to submit his ration card and then he got allotment letter and now he is not going

Advocate Rohan Venkatesh Yemul answered
In this situation, property rights under the Slum Rehabilitation Authority (SRA) can be complex, especially when a ration card was submitted by someone other than the original occupant. Since your father was the original occupant but allowed his brother to submit his ration card, your uncle has likely claimed rights to the property through the allotment letter. However, your father may still have a valid claim since the property was gifted to him initially.To address this, gather any documents that show your father’s long-term occupancy, such as old utility bills or other records from before your uncle’s claim. This evidence could help establish your father’s original possession. You can file a formal complaint with the SRA and the local authority, explaining the circumstances and providing the documentation to support your father’s occupancy. The SRA may review cases based on proof of longstanding residence, even without a ration card.

Q: Public Smoking Fine, should wait for a summon?

I was intercepted by policemen when I lighted a cigarette at a cigarette shop, They asked for a bribe of ₹600, When declined he asked pay the fine at court,he gave a paper which asks to appear at court 5 days later, should I wait for 5 days or can I go tomorrow to pay fine? Do I have to wait for a summon?

Advocate Rohan Venkatesh Yemul answered
You don’t need to wait for five days if you’d prefer to handle the matter sooner. You can go to the court the next business day and check with the court clerk or office handling fines. Often, they will allow you to pay the fine in advance of the specified date if the paperwork is already filed. There’s also no need to wait for a formal summons if the officer has already issued a notice to appear, as this serves as the required document. Make sure to bring the notice and any ID when you go to court to avoid issues.

Q: NON TRANSPARENT WAY BY BUILDER TO CHEAT BUYERS & TAMPERING THE AGREEME

BUILDER COMMITTED IN WRITING AT THE TIME OF BOOKING BUT THEY HAVE NOT INCORPORATED THE SAME IN THE FINAL AGREEMENT. FOR ANYTHING THEY SAY YOU HAVE SIGNED THE DOCUMENT AND HENCE THAT WOULD RULE. BUT AFTER THE AGREEMENT TOO THE TERMS ARE CHANGED BY THEM SIGHTING THE THIRD PARTY INFLUENCE WHEN THE AGREEMENT IS BETWEEN BUYER AND SELLER. HAVE ALL OBJECTION LETTER OF MINE ON THEIR DEAL. MORE THAN MONEY I WANT JUSTICE AND SUCH BUILDERS SHOULD STOP DOING WITH POOR BUYERS. WANT TO KNOW THE KIND OF LEGA

Advocate Rohan Venkatesh Yemul answered
When a builder fails to incorporate promised terms in the final agreement, despite written commitments at the time of booking, you have several legal options to seek justice. First, review your objection letters as they serve as valuable evidence of discrepancies between what was promised and what was delivered. You could file a complaint with the Real Estate Regulatory Authority (RERA), as RERA oversees builder-buyer agreements and mandates that builders fulfill the terms promised. Under RERA, if builders are found violating commitments, they may be ordered to compensate or even correct their actions to align with initial promises.You could also consider approaching the consumer court, as this is a clear instance of deficiency in service and unfair trade practices. By providing documented proof of promises and deviations, you can seek compensation or an order requiring the builder to fulfill those initial terms. Another route could be a civil suit for breach of contract if you believe that RERA or consumer court remedies won’t fully address the issue. In the civil suit, you can seek specific performance, compelling the builder to honor their initial commitments, or seek damages.

Q: Visa Refusal And Reapplication

My Previous Visitor Visa To Australia was refused. Please note that I was onshore at the time of application. Now I am back in India and need to return to Australia at the earliest for my graduation on the 13th of December. Kindly suggest the best possible options for me to return

Advocate Rohan Venkatesh Yemul answered
If your previous Australian visitor visa was refused while you were in Australia, and now you’re back in India, it’s important to carefully assess your options before reapplying for a visa. Since your graduation is scheduled for December 13th, time is a crucial factor.First, you should determine the reason for the refusal of your previous visitor visa. You can request a written explanation from the Australian immigration authorities to understand whether the refusal was based on factors like insufficient documentation, ties to India, or other concerns. Addressing these issues will be crucial for a successful reapplication.One option is to apply for a new visitor visa from India. Given your graduation date, you should apply as soon as possible, ensuring that you provide clear evidence of your intentions to attend the graduation, such as an invitation letter from the educational institution and proof of your course completion. You may also want to demonstrate strong ties to India, such as family, employment, or financial obligations, to show that you plan to return after your stay in Australia.Alternatively, if you believe there were serious concerns with your previous application, consider consulting with an immigration lawyer or agent who specializes in Australian visas. They can guide you on how to present your case better, help you resolve any previous issues, and increase your chances of approval.If you’re unable to secure a visitor visa in time for your graduation, you could also explore applying for a student visa if you are still enrolled in a course or if your graduation is part of your ongoing studies. This would allow you to attend your graduation and stay in Australia legally.Lastly, while awaiting approval, make sure to monitor your application status and follow up with the Australian consulate to expedite processing where possible.