Advocate Siddhesh Tiwrekar

Questions Answered by Advocate Siddhesh Tiwrekar

Q: Sir, I live in India already for 15yrs. I have Aadhar, Pan and driving

Sir, I live in India already for 15yrs. I have Aadhar, Pan and driving license. But I am using Nepali passport to go to Malaysia as I am Nepali national. I am working and living in India. I am thinking to make Indian passport for traveling purpose. Is it okay? What I should do?

Advocate Siddhesh Tiwrekar answered
In India you must have single citizenship of India to have Indian passport being issued in your name. Being a Nepali citizen and having all Indian residential documents, an action can be taken against you. Kindly avoid doing such illegal activities.

Q: NOC from other children as father gift flat to only 1 of the children

my father have two daughter and two sons including me. he want to gift me the flat by gift deed . if there is need to permission or noc of my sisters and brother . i already consult with one of my lawyer he said that the first owner can gift 100% shares to any one . there is no need to noc of other child.

Advocate Siddhesh Tiwrekar answered
If the premises is owned by your Father alone then he can give it to you through his will. There is no need to consult any of your sibling. No need of NOC nor even necessary to inform them about any such document is made by him. It is father's discretion to whom he wants to give his property after his death.But that will would be tested by court for getting the probate. That time your siblings can contest it in the court. You'll need to prove the genuineness of the document so I suggest you to get the will registered.

Q: Can father's sister claim a share in father's self acquired property

My father owns a property.It is not ancestral property.the legal heirs are father's mother,wife and two childrens. I have one doubt ,,if my father's mother passed away ,because she is currently seriously I'll. Will any there's is possibility that my grandmother's daughter can claim my father's property??? Because this property is completely owned by my father.

Advocate Siddhesh Tiwrekar answered
You need not to worry. As the property is solely in your father's name then your aunt doesn't have right in it. The property will be passed on to you only because you are only the immediate heirs of your Father and no one else.

Q: Legal action against mobile service center for delay & inconvenience

I purchased my SWIPE CONNECT mobile on 17-Dec-2016. It was not working properly and finally stopped working. I submitted to service center and till date I have not received it. What can I do now? Can I file a case against them for this delay and inconvenience? The cost of the mobile was Rs 4,444 at that time.

Advocate Siddhesh Tiwrekar answered
You primarily have some written correspondence with them through a lawyer. If still they don't reply then you can surely go to District Consumer forum and file your complaint. Even if your claim amount is less, never mind you can claim additional amount as compensation for stress and mental agony you gone trough because of them .

Q: What is the procedure of name transfer of pagri house?

Hi, I stay in alone in a Pagri house and the rent receipt still comes in my dad names. Dad passed away in 2015. I have two brothers who are not staying in the house for the last 20+ years and they are not ready to give NOC. Landlord had asked for the NOC I want to transfer the rent receipt into my name. What are the necessary steps ?

Advocate Siddhesh Tiwrekar answered
Unless you dont get the NOC from your brother's you won't be able to transfer it in your name. You have to give some part as share to your brother's or any other settlement can be done and aquire their NOC.You cannot proceed further unless.