Advocate Shashank Choudhary

Questions Answered by Advocate Shashank Choudhary (25+ answers)

Q: Is an unregistered gift deed valid in India, and can it be canceled if it is considered valid? What

Mr. A executed an unregistered gift deed in 2016, gifting immovable property in Mumbai to his son. The gift deed has not been registered, and the premises have not been transferred to date. Is the unregistered gift deed valid? Can the gift deed now be canceled, and if so, how? Additionally, what is the Supreme Court judgment regarding the validity of an unregistered gift deed in India?

Advocate Shashank Choudhary answered
Gift Deed can not be cancelled unless it is a conditional Gift, 2. Challenge the said so called cancellation of Gift Deed in your favour & further registration of the Gift Deed of the same propertyOnce the property had been gifted it can't be cancelled without the order of the court, and you can't cancel the gift unless and until order of the court it is better file a suit for cancellation of gift deed in the court and for other appropriate reliefs.You have to prove the Deed is Not Registered as the proof of Burden lie on You

Q: I'm considering buying a resale property in Navi Mumbai, but the CIDCO transfer is still pending?

Hi, I'm planning to buy a resale 2BHK flat in Navi Mumbai. I have two concerns about the property: 1) The owner mentioned that the society was formed two years ago (the building is seven years old), but the share certificates haven't been issued yet. What might be the reasons for this delay, and can I secure a home loan without the share certificate? The broker claims that the society can provide a letter on its letterhead stating the situation, which the bank will accept. 2) The CIDCO transfer for all flats is still pending. Will this affect my ability to get a home loan, since I understand that banks typically require the CIDCO NOC and related documents? Additionally, if I purchase the flat and the CIDCO transfer occurs later, will I need to pay double transfer charges since the previous owner didn't settle this? Could you provide guidance on the CIDCO transfer process for a resale flat? Is the CIDCO transfer compulsory? Thank you!

Advocate Shashank Choudhary answered
Dear All,As the society is formed but share certificate is not issued could be reason that there might be no AJM or no Advocate to be appointed or may be some issue with documentation when filling.Also for CIDCO Transfer take the Transfer amount from party or get deducted from sale and later pay the CIDCO Double Charges as it will be same amount Transfer from A-->B and then B--->You Regards,Shashank Choudhary

Q: How to get chargesheet copy online in India?

Sir, please advise me how to get chargesheet copy in the police station or court. Also, how to download chargesheet online?

Advocate Shashank Choudhary answered
Dear Friend, you can submit an affidavit along with a copy application to the concerned department to obtain the chargesheet copy. Alternatively, you can engage a lawyer, who can file an application under Section 24 of the Code of Criminal Procedure (CrPC) (Section 18 of the Bharatiya Nagrik Surksha Sanhita) to obtain the chargesheet for you. Your lawyer can also be appointed as a prosecution assistant or a special public prosecutor to represent you during the trial.

Q: Ex-boyfriend using girlfriend's email account & blackmailing her

Hi Sir, I was in to a relation and the person had my email id and password now when relation is ended he is still using my mail and denied the same. I am worried if might have send some mails favoring him which will cause legal binding on me. he has also blackmailed me for money he had spend and also in mails regards to publish of pics in social sites. Kindly help how can i state if mails are being not send by me & such black mail and cyber crime intention be legally addressed.

Advocate Shashank Choudhary answered
Dear Friend,As its a matter of cyber crime if done if not then you can send him a legal notice regarding all your electronic identity claims and if that guy does not we have other alternative also regarding pics its a worry part as difficult to find the source

Q: Builder wrongly mentioned flat number in the agreement

Hi if there is an change in agreement of flat no wrongly mentioned by builder during revedevelopment process. The builder has erroneously mentioned 501 instead of 601 and has not mentioned anywhere the new occupant of 501.

Advocate Shashank Choudhary answered
Dear Friend,As per your your Query can go with rectification deed' There is a procedure known as 'rectification deed' where you may register a deed of rectification mentioning of minor changes in your original agreement which will be a valid document read along with your original agreement.Our lawyer Team can help you.