Advocate Sudhanva P RajeNimbalkar

Questions Answered by Advocate Sudhanva P RajeNimbalkar

Q: PROPERTY- INDEMNITY BOND MISSING, SO WHAT TO DO, WHICH PLEASE ADVISE

MY FATHER PASSED AWAY IN 2017,LEAVING BEHIND MY MOTHER & MYSELF AS THE ONLY HEIRS.MY FATHER HAD A INHERITED PROPERTY AT THE TIME OF HIS PASSING AWAY.FOR THE PROPERTY MY MOTHER RE;EASED HER 1/3rd SHARE IN MY FAVOUR, AND COMPLETE CONVEYANCE WAS DONE, WITH STAMP DUTY PAID AT OFFICE OF REGISTRAR-MUMBAI IN 2018. MY MOTHER ALSO PASSED AWAY IN 2021.THE INDEMNITY BOND WHICH WE HAD MADE IN 2018 BETWEEN MY MOTHER AND MYSELF THAT WE ARE THE ONLY HEIRS IS MISSING AND NOT TRACEABLE.SO Pl ADVISE WHAT TO DO

Advocate Sudhanva P RajeNimbalkar answered
If you become an absolute owner by virtue release of her share in your favour now there is requirement of alleged Indemnity bond however if it is required by any authority or bank or any other institution you can make it now and there is no need to find out old one

Q: Legal charges estimate for release deed and two power of attorneys

I live in Sydney and I have 3 siblings: two are outside India and one is in India. I am the nominee of a property that was previously owned by my deceased parents. I am now planning to sell that property. I would like 2 of my siblings living overseas to give my third sibling a power of attorney so that she can sign the release deeds on their behalf and also sign her own release deed for the property to be sold. What are the estimated charges (both legal and others) for this service?

Advocate Sudhanva P RajeNimbalkar answered
If power of attorney is to be given for transfer of the property is required to be registered if it's executed in India for which drafting fee is Rs 15000 and registration expenses Rs 7500 including advocate fee and expenses of registration office

Q: property dispute will matters pls advise soonest

I would like to know if the will made by my late mother regarding the transfer of a property which was in her name (though she was a homemaker and my father brought it from his money but just put her name on the house paper) for just some of her children (am sure she was manipulated into signing) which was given to the society but not registered is valid or not.

Advocate Sudhanva P RajeNimbalkar answered
If you can prove that property was purchased by your father in the name of your mother and if you can prove that mother had no separate source of income by challenging the will executed by her and if the will is declared as manupulated and executed by undue influence the law of succession will come in picture and all legal heirs of your mother will have equal legal rights.

Q: Builder is charging interest on late payment

I purchased a flat which is under construction right now, i applied for loan in HDFC bank in May however builder's property was not verified by then with bank. After months of back & forth calls, their property got verified in August end. However builder sent me demand letter which has late payment interest applied and is not ready to revert it saying their property is verified. I did met them in person as well and no one is helpful or even ready to listen.

Advocate Sudhanva P RajeNimbalkar answered
It may be noted that in every agreement to sale executed by builder has a legal provision entiteling him to charge an interest on due amount as per the schedule of the payment however you may send a letter requesting the builder to wave the amount of interest charged.

Q: Can a Legal heir release or surrender his right in property?

The husband dies intestate, and the widow does not want any claim to the property. She wants to give the land to her mother-in-law.Can a new owner then seek a succession certificate?

Advocate Sudhanva P RajeNimbalkar answered
In case your father died intestate you your mother and your grand mother will succeed his property having one third share each. In case your mother release her share in favour of your grandmother. Grandmother will become owner of two third share of the property. If you both sell the property in that case new owner wil not required any type of certificate.