Advocate Tanu Malhotra

Questions Answered by Advocate Tanu Malhotra

Q: What can be done if builder delaying the possession, please advise

What happen if the registration date expires and builder has not completed its work till now??

Advocate Tanu Malhotra answered
Please share the details of your booking, payment plan and schedule, communications exchanged with your lawyer (or if you are looking for one, you may fetch my contact details from this site) so that an adequate legal notice can be sent to the construction company. The consumer forum is currently very active on the matters and pro the buyers. Hence, it is advisable to take an immediate action.You may get in touch with me or a counsel of your choice and convenience.

Q: Grandfather died intestate how will the property share be divided

My grandfather owned a dda flat in Hari nagar in delhi. He and my grandmother are no more now and my grandfather did not leave a formal will nominating a subsequent owner of the property. He had 5 children; 2 daughters and 3 sons. My dad (the eldest son) has pass d away as well. So I presume the rightful owners of the property now are my remaining 4 aunts and uncles and my mother (on behalf of my dad). Please correct me if that is not the case. We want to sell off the flat now but need your advice on how to go about doing that. Please note that not all my aunts and uncles live in delhi. In such a case what do we need to do to be able to sell off the flat. I would really appreciate your quick help on this. 

Advocate Tanu Malhotra answered
Dear querist,In the absence of a WILL if the property is self acquired by your grandparents, it is to be equally divided amongst their 5 children. As mentioned, since your father is also no more, his share will be bequeathed in your mother and you and your siblings. It is most advisable that an out of court separation/ partition deed is entered into between the heirs.For further options and description, please contact the undersigned.

Q: Can a builder construct on roof and sell it

can the Builder sell the roof .Can he construct on the roof

Advocate Tanu Malhotra answered
No construction is permissible beyond the sanctioned plans and the defined ceiling limits.You can seek calcification on the sanction plans from the builders and if you share the area description and nature of construction being undertaken, I will be able to advise better.

Q: What is the procedure of devoulation of trademark

If the registered proprietor dies intestate how will the trademark devolve on his legal heirs. No assignment but one son given special power of attorney for user?

Advocate Tanu Malhotra answered
Trademark even if registered in the name of proprietor of a business, shall remain in the context of proprietorship business. It shall devolve in accordance with who takes over the business. In case the business is be dissolved, the value attached to the trademark can be evaluated and divided amongst themail heirs.In case the business is being partitioned, the goodwill and trademark both need be evaluated, the heirs can propose to buy out each other and pay price attached and continue to use the mark.... All this can be done based on clearer facts and by way agreement.

Q: Grandfather property divided father got share he died how to divide it

My grand fathers property was divided in 3 brothers which included my father .. My father got one third share and ,after my fathers death in 1999 and mother's death in 2010. I want to know that ,we are 4 siblings(2 bro,2 sisters) ;the property will be divided in between 4 siblings or only 2 sons. My brother and sisters got along and without asking me being an elder one in the family .Sold 2 parts saying its sisters share and my brother is not giving me my share occupying the same. How can I get the partition done.

Advocate Tanu Malhotra answered
Your father's property (1/3rd share) shall be divided in 4 parts, in case of intestate death (absence of WILL).However, without due partition the sale can be challenged.No one can obstruct your right in your share.Contact for further legal advice and action.