Advocate Salil Saudagar

Questions Answered by Advocate Salil Saudagar

Q: Where to complain about neighbours dog ?

A slum house has a dog tied in front of our window all day and night. They have been requested personally, sent notice from municipality and also filed. Complaint in police against them but they are neither willing to let the dog stay untied, keep it inside home or give ir away for adoption as they have paid 10k for that animal. We are haing to keep half the house shut because of this problem. We e live in a rented premise. What should we do. Can i sue them and slap them with a compensation. what is the neighbor dog barking law in india ? how to complaint dog barking ? Please advice.

Advocate Salil Saudagar answered
That based on the above facts in my opinion you could lodge a complaint under the prevention of cruelty to animals act, as under section 11(g) of the act their action would amount to cruelty. Also you could file a police complaint under section 268 and 290 of Indian Penal Code for public nuisance. You could file a suit for compensation, however you would be required to prove considerable damage to get awarded a decent amount of compensation and yet in my opinion the cost of litigation may be more than the compensation you actually receive.

Q: Process of land transfer after death of owner

Hello, we are Christian. We lived in Mumbai and own a row house in Goa. The property belong to my father and we want to transfer it to our mother. For mumbai property, we need to get a succession certificate by court. What is the procedure in Goa and estimated time for the whole process. Thank you

Advocate Salil Saudagar answered
in the event your mother and father were born in Goa or domiciled in Goa...the goan law would apply and you would either have to do a deed of succession or Inventory proceedings, however if you are not governed by the Goan law, then a proceedings for declaration of heirship needs to be filed and the court. it usually should take around couple of months but considering the pandemic it is rather difficult to give a timeline

Q: my uncles property matters to transfer on my dads

my grand father gave his property his younger son , my uncle . but he doesnt stay here in the house we my dad and our family taking care of the property for around for 18 or 19 years so is it possible to clam for this property by my dad

Advocate Salil Saudagar answered
since your grandfather was the one who originally owned the property, it all depends on how he gave the property to your uncle I e will, sale or gift and whether the property was within the disposable quota. If it was not within the disposable quota your father would still have a right over the property, which could be claimed by filing appropriate proceedings.

Q: Execution of sale deed based on the order of court

I have bought 2 plots from PARTY A and was about to buy 1 more plot from same PARTY. I have executed the sell deed of 2 plots but execution of one plot was remaining. This is about 12 years ago. Before execution of 3rd sell deed PARTYB filed cases on me and PARTY A. This is because PARTY A and PARTY B had made agreement about the same plots but they didn't execute the sale deed. This was about 20 years ago. But PARTY A sold the same plots to me. The case was settled in the court on consent terms. Court ordered me to pay to PARTY A and PARTY B. And gave possession of all 3 plots to me. Since I have executed sale deeds of 2 plots, so they were officially mine. Since I have not executed the sale deed of 3rd plot, court ordered to execute it in 15 days and ordered PARTY A to sign all such documents. But due to health and financial issues I was not able to execute it. Now I want to execute the sale deed but some people from PARTY A died and some who are left denied to sign now. Solution?

Advocate Salil Saudagar answered
In my opinion you could send a notice to the heirs of Party A to come forward to execute sale deed as per the court decree. if they refuse you could file for execution of the court decree provided you are within law of limitation and the court will either direct them to execute the sale deed or appoint an officer of the court who can execute sale deed as per decree

Q: Loss of original notarised documents

I have purchased a property from a seller,But the seller has only the the xerox copies of agreement to sale and agreement for construction of sale however he has the salaried from previous owner as well as his own sale deed

Advocate Salil Saudagar answered
as long as the seller has his original sale deed that would be sufficient... the other documents if lost a certified copy from the sub-registrar could be obtained. also a Nil encumbrance certificate from the registrar could be obtained to ascertain that the property is not mortgaged.