Advocate Rozario John

Questions Answered by Advocate Rozario John

Q: Can property acquired in lieu of tenancy be bequeathed

My father was a tenant who expired in 1984. The property got developed after death of my father & my mother got a ownership flat in lieu of the tenanted premises. Can she bequeath the flat to my younger brother without my consent ? Can i claim share in the property after death of my mother ? We are only 2 brothers.

Advocate Rozario John answered
no she cannot, all the heirs of your father shall have equal rights in the property the property has been registered in your mothers name only for the sake of convenience, you can object and also contend

Q: Is stamp duty and registration required to keep tenant as paying guest

I plan to keep 2 ladies as paying guest in my apartment for 11 months where I too would be living. Is stamp duty and registration required?

Advocate Rozario John answered
yes you will be required to pay stamp duty and register the document as leave and license, you will also be required to do the police verification of both the ladies and keep a copy of the same with you

Q: Legal procedure for Catholics to transfer property to siblings

I am a Catholic, What is the legal procedure to transfer my property to my sister which deed is required & also stamp duty charges if any?

Advocate Rozario John answered
Dear client, the transfer to your sister can be done by gift deed for which the stamp duty is 3 % +1%LBT and 1% registration fee calculated on the market value of the property in the state of maharashtra.

Q: Can brother claim a share in NRI brother's self acquired property

Being an NRI i bought a land in Pune in 1997 and paid payment via bank transfers.Out of love n affection and some rules for NRIs i made my Grandfather,father,young brother and 2 sisters as Joint holders.Now Young brother has sent me a legal notice for his share and apart from this he wants share in father/grandfather share.I am very tensed and cant expect this from my brother.plz advise what can be done.Thanks

Advocate Rozario John answered
Dear Client,mere mention of your brother in the property gives him equal share or share to the extent mentioned in the title document. He also has share in the property of the father and grandfather as their heir.

Q: Clarification on transfer of property to nominee of deceased father

Myself A D, has some query regarding a property of my wife. This is a flat which was in my father in law,s name. He passed away last month & this flat was nominated in my wife’s name; with the NOC of all the other daughters. This NOC is notarised by all daughters, without any supporting of their address (adhar card & Pan card no). Now this property is going for redevelopment in a month’s time. The society has asked for a fresh NOC from all the other daughters, the new agreement will be with new area. Now these sisters have refused to come to Mumbai to give a fresh NOC . I need to know wheather the transfer of the said property can be done attaching the old NOC which they gave 4 years back.

Advocate Rozario John answered
Dear Client, transfer of property must be by a registered deed, hence a notarised NOC will not hold good. it is suggested that a registered relinquishment deed/release deed be prepared and registered. If the sisters are not willing to come to mumbai, obtain their registered Power of attorney from their respective places and on the basis of Power of attorney register the Relinqusihment deed/Release Deed.