Advocate Sachin Mayekar

Questions Answered by Advocate Sachin Mayekar

Q: Claim of Property which my dad owns .

My dad owns a shop which is a part of a very old wada (complex) my dad only owns the shop not the land on which the complex is My dad's brother refused to give him the agreement and refusing the claim We were in a joint family since many years it's been four years of our family settlement and they are not giving us our shop My dad never paid any rent charge etc nor has any receipt (as we were in joint family) neither has any papers What can we do?We are jains (hindu)

Advocate Sachin Mayekar answered
Hi,First, send a legal notice to the brother formally requesting the documents that he possesses. This includes rent receipts, agreement and other documents. If he does not co-operate with you even after the legal notice, we will initiate legal proceedings against the same.

Q: Education institute advertise 100% job guarantee

I enrolled for data science course paid 145000 rs fees They guarantee job but not given

Advocate Sachin Mayekar answered
Hi,What is the name of the institute where you had enrolled? I will also need to check out the documents that you had signed or received while enrolling for the data science. Feel free to ask any other doubts or queries.

Q: Society is demanding corpus funf from new members

Our Builder had reveloped property and possession of the flats were given in 2008 to original tenants, then he built building for sale in 2017. We purchased flat in 2017. Original 54 tenants were members of society. As society had no OC so membership was not given to us ( those who purchased flats in building which was built for sale) Until builder receives OC society refused to give us membership. Finally in July 2024 builder received OC. Now society has put condition for membership. New member

Advocate Sachin Mayekar answered
Hello,I hope you're doing well. I wanted to reach out and inquire about the specific conditions or requirements the society has outlined for membership. Understanding these conditions in detail is essential so I can provide you with the most accurate and helpful guidance moving forward.Could you please share any documentation, guidelines, or information you have received from the society regarding the membership process? This might include criteria such as eligibility, fees, application procedures, or any other specific obligations that must be fulfilled. If there are any rules or regulations that members are expected to follow, it would be helpful to know those as well.Once I have a clear understanding of what the society expects from prospective members, I will be in a better position to assist you with the necessary steps and ensure that everything proceeds smoothly.Thanks and Regards,Advocate Sachin Mayekar

Q: Division of Inheritance and dispute on availability of Will

My FIL passed away in 2015 and my MIL passed away in 2023. All the assets were self-acquired by my FIL. Both the In-laws had made their "Will" (unregistered) bequeathing all their assets to the survivor with the right of enjoying the assets as the survivor wished. However, once they both pass away, all the moveable & immoveable assets to be equally distributed between their four daughters. The surviving elder daughter is claiming there is no "Will". How can this claim be challenged successfully.

Advocate Sachin Mayekar answered
An unregistered will is valid as a registered one, provided it is properly executed (signed by the Testator and witnessed by two witnesses). However, an unregistered will may be subject to a stricter scrutiny in court compared to a registered will.

Q: SARFAESI ACT court case filed us 14 surprise

Didn't received 13(2) 13(4) notice and direct case filed us 14 for property possession What to do?

Advocate Sachin Mayekar answered
We can file an appeal with the Debt Recovery Tribunal under section 17 of the Sarfaesi which allows a borrower to challenge any action taken by the secured creditor. The grounds for the appeal would be the failure to follow due process under sections 13(2) and 13(3). We can seek a stay on the possession proceedings initiated under section 14.