Advocate Tanushree Sahani

Questions Answered by Advocate Tanushree Sahani

Q: sale of my father's self aquired property (my father is still alive)

My father has a self aquired property and we have decided to sell. I have younger brother & sister and both are married.1) is my sister required to sign at the time of selling / registring the house to prospective buyer or my father's signature and mine & my brother's signature sufficient ?2) My father has decided to gift small portion of amount to my sister & balance amount to be distributed between me & my brother - but my sister is insisting the amount be equally distributed to her (but my father wants to gift her only small portion of the amount) - Pls advice

Advocate Tanushree Sahani answered
Since this is your father's self acquired property , only his signature on the sale deed is sufficient. You or your siblings don't need to sign. After the sale , your father shall decide how to distribute the sale proceed.

Q: Legal document we should collect while buying property to register it?

What are the legal documents we must collect from the party to purchase the property and to register it in sub-register office......?

Advocate Tanushree Sahani answered
You need to seek the previous sale deed, khata certificate and extract and recent tax paid receipt in order to register a property at SRO.In order to carry out a title search of an apartment property you need mother document along with all the conveyance documents, khata, conversion order if any, tax paid, occupancy cerificate, floor plans, necessary approvals.

Q: having a fight with brothers regarding property?

how can we split the property between the brothers. the property is a disputed property the brothers are not willing to share the property?

Advocate Tanushree Sahani answered
You can settle the dispute by asking all the brothers to enter into a family settlement deed or a partition deed. All the shares will be equally bifurcated and each brother shall have their own share and portion in the property.

Q: Nana died without will. Do i have share in that property?

From childhood, me, my brother and mother were staying with our nana and nani. There were some differences between our mother and father. Nana and nani died and my mother is their only daughter. After my marriage i moved out from nana nani's home. Do i have share in that property? The property was self acquired by nana.

Advocate Tanushree Sahani answered
Since this property belongs to your nana and in his absence the first legal heir is your nani and in event of your nani's demise your mother will be the legal heir. The property documents like khata can be transferred to your nani's name now. And then she can either make a will or a gift deed in your favour. Then you can directly own the property . But as far as direct inheritance is concerned , you can inherit only after your mother inherits after your nani's demise and after your mom's demise.

Q: Bought apartment from builder. Who's responsible to make sale deed?

We have bought an apartment from a builder. Whose responsibility is it to make the sale deed andRegistration. Has individual has to pay separately to the builder towards making of sale deed and registration charges . Apart from paying the registration charges and stamp duty do i have to pay separately towards legal fees to the builder?

Advocate Tanushree Sahani answered
The responsibility of drafting a sale deed can be taken up by either party. But the general case in bangalore is that the builders have a set format and the same has to be followed by every purchaser. Though this is not in any rule but this is observed here. You can try to negotiate with the builder to handle things from your end. Yes each builder has a legal fees included in their charges which you can negotiate and avoid paying.