Advocate Salil Saudagar

Questions Answered by Advocate Salil Saudagar

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.

Q: Court permission for issuance of passport

I am charged under section 279, 337 & 338 of CrPC. I need a permission from court for the issuance of passport. I won't be travelling to any country, I just need a passport.1)Where and to whom in court should I meet and submit the application?2)What are the documents I need to attach to the application?3)How many days does it take for court to grant permission?

Advocate Salil Saudagar answered
you will require to file an application before the Judicial Magistrate First Class in whose jurisdiction the offence has been committed, since I believe the charge-sheet is not filed. it should take around 15 days atleast.