Advocate Sumaiya Parvin

Questions Answered by Advocate Sumaiya Parvin (25+ answers)

Q: Property not main by the owner for more than 25 years

A property was verbally given to me. I was fully maintaining and repairing the property. The owner never came to have look at property for the last 25 yrs. Even the property tax was paid by me. Now he wants the property back as it is still in his name. Can he legally claim the property.

Advocate Sumaiya Parvin answered
Yes, the owner can legally claim the property because it is still in his name.A property cannot be transferred verbally. It must be through a written and registered document.Paying property tax or repairing the property does not make you the owner.Staying in the property for 25 years does not automatically give ownership.You may claim adverse possession, but it is very difficult and works only if you stayed without the owner’s permission.If the owner allowed you to stay, he can legally ask for the property back.This matter depends on facts, so legal advice is recommended, feel free to consult.RegardsAdvocate Sumaiya AARS Legal Associates

Q: Builder has breached the clauses of executed consent terms and SDA.

The builder has breached consent terms and unregistered but executed SDA. There is clause in SDA that we should give notice to cure to builder in case of any breach in consent terms/SDA before termination. We want to terminate the builder. What is the best way forward.

Advocate Sumaiya Parvin answered
On the facts stated, since the builder has breached the consent terms as well as the executed (though unregistered) SDA, you must proceed strictly in accordance with the termination clause to avoid any future challenge.Best way forward:Issue a formal Notice to Cure:Serve a detailed legal notice to the builder, specifically identifying each breach of the consent terms and SDA.Clearly grant the contractual cure period mentioned in the SDA (time is crucial).Call upon the builder to remedy the breaches within the stipulated time.Preserve Evidence of Breach:Maintain documentary proof of non-compliance (absence of approvals, delay, correspondence, non-performance, etc.).This will be critical if the builder disputes termination.Termination upon Failure to Cure.If the builder fails to cure the breaches within the notice period, issue a final termination notice expressly invoking the relevant clauses of the SDA.Termination should be reasoned, clause-specific, and unequivocal.Post-Termination Steps:Communicate termination to all stakeholders (society/owners, authorities if applicable).Restrain the builder from creating third-party rights.Consider initiating proceedings before the appropriate forum (Civil Court/RERA, as applicable) seeking:1. Declaration of valid termination2. Injunction against the builder3. Compensation/damages, if advisedImportant:Even though the SDA is unregistered, an executed agreement coupled with consent terms and part performance is enforceable for limited purposes. Any termination without following the cure mechanism may be challenged as premature or illegal.The legally safest course is to first comply with the cure notice requirement, and only upon failure, proceed with termination supported by contemporaneous record and legal action.If required, we can draft the notice to cure and termination notice in a manner that fully protects your position and minimizes litigation risk.RegardsAARS Legal AssociatesAdvocate Sumaiya Parvin

Q: Builder admitd flat allotment but not registering or paying compensati

I am facing a long pending builder/redevelopment delay. The builder has not obtained a valid Commencement Certificate and construction has not progressed for many years. In 2024, the builder gave me a written and notarised MOU admitting liability, allotting a specific flat with area, and agreeing to monthly delay compensation. However, the agreement is not being registered and compensation is unpaid, citing absence of CC. What is the correct legal step now under RERA? Can I seek interim compensa

Advocate Sumaiya Parvin answered
Since your builder has:Not obtained a valid Commencement Certificate (CC),Not progressed with construction for several years, andSigned a written and notarised MOU in 2024 acknowledging liability, allotting a flat, and agreeing to monthly delay compensation,you have strong legal remedies under Maharashtra RERA (or your state RERA):File a Complaint under RERA:You can approach the RERA Authority for:Specific performance of the allotment as per the MOUPayment of delay compensationDirections for the builder to register the allotment/possessionInterim Relief / Compensation:RERA allows you to seek interim relief even before the final order.You can request the Authority to direct the builder to pay delay compensation as per the MOU.Courts and RERA authorities often grant interim compensation based on admitted liability, even if the CC is pending.Supporting Documents:Copy of MOU/notarised agreementCorrespondence with builderProof of delayOriginal allotment details and payments made✅ Bottom Line:You can directly approach RERA, seek interim compensation, and compel the builder to perform obligations under the notarised MOU, despite non-registration, because RERA protects the homebuyer’s rights.If you wish, we can consult in detail, review your MOU, and assist with filing the RERA complaint and claiming interim compensation, to ensure the builder complies promptly.Regards,AARS Legal AssociatesAdvocate Sumaiya Parvin

Q: Property name transfer from father to son

My father passed away in 2011. He left a flat to me in his will and I have a death certificate and a probate. The flat is in a building with no society, it is a Condominium. I have no siblings. I want to transfer ownership to me and my wife's name. How can you help? Please let me know. Thank you,Udayan C Parikh

Advocate Sumaiya Parvin answered
“Dear Mr. Parikh,Since your father passed away in 2011 and left a will in your favor, and you have the death certificate and probate, you are legally entitled to transfer the flat. As the property is a Condominium with no society, the transfer can be done by:Preparing a Sale/Gift or Transfer Deed:You can execute a transfer deed in your name and your wife’s name, as joint owners.This deed must be registered at the Sub-Registrar office where the property is located.Documents Required:Original death certificate of your fatherProbate copy of the willTitle documents of the flatYour ID and address proofsYour wife’s ID and address proofsProcedure:Draft and register the transfer deed.Pay stamp duty and registration fees as applicable.After registration, the flat ownership will reflect your name and your wife’s name.We can draft transfer deed and coordinate registration.RegardsAARS Legal AssociatesAdvocate Sumaiya Parvin

Q: Is probate mandatory in Mumbai for a Will made prior to 1-1-26

We are Christian so is probate needed for death in 1999 and is NOC needed from all legal heirs

Advocate Sumaiya Parvin answered
Since you are Catholic, the general rule is:Probate is not always required for a death in 1999 unless the will specifically mentions probate, or the property is immovable and needs transfer through court. Many banks and authorities accept a will along with legal heir documents.NOC from legal heirs:If the deceased left a will, usually only the executor and beneficiaries under the will need to give consent.If no will, the property is inherited by all legal heirs, and most authorities require consent (NOC) from all heirs to transfer the property.RegardsAARS Legal AssociatesAdvocate Sumaiya Parvin