Advocate Satvika Gupta

Questions Answered by Advocate Satvika Gupta

Q: Procedure to transfer of DDA flat on Spouse's Name

Original allottee of a DDA flat . Wants to transfer it to wife's name due old age. How it might be possible without incurring any additional expenses. Alternately, is it possible that a GPA & a Will is made in her name - giving her all rights to manage(sell or transfer it further to anybody she likes) the property in whatsoever way she likes ? Thanking you,

Advocate Satvika Gupta answered
Hi. The DDA flat can be transferred in the wife's name by way of will but she will be able to enjoy that property only after the death of the husband(i.e. the person who willed the property). Thus, there is no way but to either sale the property or gift her the same and pay the stamp duty.Thank you

Q: What to do my brother is not giving affidavit to transfer property

We have a house in India that’s in my dad’s name who recently passed away. There is no will that we could find and dad didn’t mention that he ever created one. We are looking at transferring it over to mom’s name (mom’s in India). Our city’s housing board mentioned that both me and my brother (both legal heirs due to lack of will. We both brothers are in Canada) need to provide them with an affidavit indicating we are okay with the name being transferred over to mom. I have provided the affidavit but my brother isn’t. He did say he will but now has been ignoring my calls & emails & mom's calls too. Is there anything my mom can do to have the house’s name transferred over to her name given my brother isn’t providing the affidavit? Appreciate your insights.

Advocate Satvika Gupta answered
Hi..I understand that there is no will and the city's housing board has mentioned for both you and your brother to submit an affidavit each. The law does not provide for any other alternative but to convince your brother to submit an affidavit transfering the share in your mother's name.Thank You

Q: Nephew is not giving back grandfather's property papers

Sir the case is actually like this. Our great grandfather had 2children One was our grandfather and other one.what happened was that the property documents are not with our grandfather rather they are with his brother and our grandfather nephew are not giving us the property document when they were required and they told us that they will not give us .so how can we get those papers.

Advocate Satvika Gupta answered
Hi...you can get the documents through us from the Government Authority as we have dealing in DDA & MCD related property work for 35 years now. However, you must contact me and first of all disclose where is the property situated ?