Advocate Roopashree R. A.

Questions Answered by Advocate Roopashree R. A.

Q: I am buying land and want to know the importance of newspaper publication of the sale. Is it safe to

Hi respected lawyers, I am buying a small piece of land in Bangalore. I got to know from my lawyer that publication in a newspaper citing the land details is necessary to avoid future illegitimate claims by third parties. My questions are: 1. Is publicizing in a newspaper mandatory before buying land, citing the site details? 2. Does it have any weightage in the court of law as evidence if someone falsely tries to claim the land in the future? Is it safe to give a copy of the land title, and how does a paper notice for property purchase work in Marathi? Regards, Thank you.

Advocate Roopashree R. A. answered
Hello, First place yes as your lawyer has advised you to take paper publication to avoid future illegitimate claim by third parties is true. It is always safe to give a paper publication in the local newspaper where the property is situated. - it is not mandatory to give paper publication before buying site or property. - yes it is considered as evidence before court if you have given a public notice on purchase of the property. - but always remember to publish in a newspaper which is in good circulation and better to give in local language and English newspaper.

Q: What is the procedure to revoke a gift deed of property once it is made? Can a gift deed be revoked?

My wife has gifted a property to her sister through a gift deed just 10 days ago. Now, she wants to take back that property. On what grounds can she fight the case, and please tell us, can a gift deed be revoked? Specifically, can a gift deed be revoked, and how can a gift deed be revoked?

Advocate Roopashree R. A. answered
Hello, Gift once given cannot be revoked. Gift deed s irrevocable. So once the gift deed s registered it becomes the sole property of the donee I.e., person who received the gift. But in case if the said deed was registered due to threat fraud or by force then it can be revoked and the same has to be proved before the court. You will have to file a declaration suit saying the said gift deed s null and void and not binding on me.

Q: Can a mother's self-acquired property be partitioned? Specifically, what is the procedure for the pa

A wife of a deceased husband who died intestate in 2015 has a registered property in her name, acquired 20 years before her husband's death. She is a housewife and obtained the property with her saved money. My question is whether this self-acquired property is liable to be partitioned along with ancestral property among her three children, or if it remains her own property. Specifically, does the partition of self-acquired property apply in this case, and can self-acquired property be partitioned?

Advocate Roopashree R. A. answered
Hello, During the living period of your mother you cannot partition her self acquired property. It is her exclusive property. Only with respect to ancestral property you have rights to claim for partition.

Q: Procedure for Changing Caste Name in Transfer Certificate (TC) of School: A Guide

In my Transfer Certificate (TC), my caste is mentioned as Mudaliyar, but I need to change it to Agamudi Mudaliyar, as it appears in my father's documents. They are requesting a High Court order for the change. Whom should I contact to proceed with changing the caste in the Transfer Certificate (TC)?

Advocate Roopashree R. A. answered
Hello, As per the recent judgement the power is given to tashildar to change the caste name by filing petition. If the same s not accepted then you have to file a declaration suit before city court stating declare that I belong to agamudi mudaliyar caste. Prior to this notice s sent to the education board and even to your school and then suit s filed. The process might take minimum six months.

Q: Do we have to pay brokerage every year in Mumbai, India?

I rented an apartment last year with the help of a person I considered to be the broker. After deciding on an apartment, our broker introduced us to a firm that manages the property for the owner, who resides in Dubai. We signed the rental agreement directly with the landlord as tenants and paid our broker one month's rent as brokerage fees. Now, when it's time to renew the rental agreement, the property management firm contacted us, stating that we need to sign a new agreement and pay them a brokerage fee of Rs. 5,000. Are they justified in asking for brokerage fees for the renewal of rental agreements? Nowhere in our agreement does it state that they act as our brokers, and this was never verbally communicated to us either. We have informed the firm that they have always acted as property managers for the absentee owner, with no indication in any communication that they are our brokers.Do we have to pay brokerage every year?

Advocate Roopashree R. A. answered
Until and unless there is any obligation on you to make payment due to an undertaking of agreement you need not have to pay brokerage charges for renewal of yearly agreement. As the broker is not a party to the agreement between you and the owner he has no standing to bind you to pay him the charges.