Advocate Syed Zakawat Ali

Questions Answered by Advocate Syed Zakawat Ali

Q: Tehsildar is denying for mutation of registered property

Dear sir/Madam. I purchaged property in public auction.Sbi bank auctioned mortgage property through civil court.revenue department executed auction of sbi bank mortgeged property through court order.I held successful bidder.And civil court issued sale certificate in my favour. I paid registration fees and property got registered in my name.now tehsildar is denying mutation as document is showing second charge of Cooperative bank for rs 1lack Please advice me what should i do to mutate this property in my name

Advocate Syed Zakawat Ali answered
File writ petition challenging the inaction of Tehsildar. The public auction followed by sale certificate is issued only for the non-incumbents property. If you are in Jaipur, you can contact us and meet us.

Q: Father and brothers bought property together now not dividing equally

My father and his three brothers purchase a land twenty years back That time they could not divide his land and they use land according his requirement. Mere pitaji 02 sal pahale a jal swavlamban yojana k tahat apane hisse ki jameen me band bana diya but unake bhaiyo ne ise tod diya or bol ye hamari ha ham isame seema gyan or patthar karana chahate ha Please do needful help

Advocate Syed Zakawat Ali answered
If the land is purchased jointly without assigning specific part then it can be used jointly only. You should get the partition of it or can sell/mortgaged your share undivided in the property. Reach us for more details.

Q: What does release deed matter mean in Property law ?

sir my grand father and his two brother purchased a agriculture land many years ago.now one of his brother made a release deed in favor of my grand father in 2007.now in 2011 my grand father died and this land is came in name of my father, and grand mother,and one brother of my grand father as we know a legal process.now in 2015 my grand mother and one brother of my grand father also made a release deed in favor of my father.now in govt. record it is in the name of my father. now the brother of my grand father who made release deed in 2007 made a complaint that because this land is purchased by him and his two brother it can not be transferred by release deed ,it should be registry,he write in complaint that they made a huge revenue loss to govt by this act,as if the registry could be done the govt get huge income by stamps duty. he said in complaint that they give bribe to tehsildar to do so.he said in complaint that this release deed should be cancel and govt take necessary action.

Advocate Syed Zakawat Ali answered
Very Important and interesting question. Gift deed and release deed is to be discussed and considered – The matter can rightly be reopened by the stamps and registration department because in an ancestral land the rights can be relinquished through release deed registered but self-acquired land can only be transferred either through sale deed or gift deed and government generates its revenue.In this case, government can reopen this matter but your grandfather doesn’t have a right to challenge the transaction because he has released his rights through a document duly registered.

Q: What to do when builder demands extra charges before giving possession

Builder has served offer of possession letter wherein he has demanded charges for enhanced super area of flat. How the area has increased, he is not giving me any document or completion certificate . Besides, he is asking for making 80% cost of the flat before he gets it registered.

Advocate Syed Zakawat Ali answered
Your matter relates to consumer disputes. Arrange all the documents of their booking time and advertising exhibits demand letters and contact the advocate purely practicing in consumer matters. If you are in Jaipur, you can contact us for perfect remedy.

Q: Son claiming in the property of father after divorce under Muslim law

i am muslim divorced my wife whom i had 1 son . I have self acquired property of mine. i divorced my wife 15 years back. I need to know whether my son can claim any property right in my lifetime or only after my death ,and secondly can he ask for maintaince after 15 years if yes then how much will be the compensation amount. pls. answer this so that i contact u . 

Advocate Syed Zakawat Ali answered
Your son is your successor means he has no right in your life except a right of getting maintenance up to the age he attains majority. The amount of maintenance depends on your income and differ accordingly.