Advocate Yunus Vakharia

Questions Answered by Advocate Yunus Vakharia

Q: Unauthorized occupants living in flat and not paying maintenance bills

My inherited flat is occupied by some relatives since long time because I was living overseas.Some other relative was paying bills for them as occupants are jobless.Now I have come back to India and started paying the charges in hope that they would give back possession. But they are not, so I stopped paying the Society maintenance charges and they also are not paying.So what happens now? Bill is in my name and charges not being paid by them. What can I do to get them out or pay the bills.

Advocate Yunus Vakharia answered
Additional information is required to give a complete answerit is important to know whether you are sole heir to the flat or there are claimants.in any case you will have to file a suit for possession of the falt stands absolutely in your favour. But if the flat does absolutely devolve on you, then in that case you will have to File for declaration and possession.

Q: File for divorce - one side seperation

Hi,I got married on 3.10.2019 in court and on 22.11.2019 as per Hindu ritual.post marriage things are not shaping up and we continue to have misunderstanding issues. I am already living with my parents from 11th feb'2021 and I wish to file for a divorce. My partner works in merchant Navy n stays outside country for most of the period. If i file for a divorce in feb'22 when will I be granted Divorce.

Advocate Yunus Vakharia answered
it will take around a year to get the divorce if its a mutual divorce. if your husband is likely to contest the divorce, the. it will be a bit of a strech. you have not indicated whether you wish to claim any alimony which can be another factor.

Q: Power of attorney versus Gift Deed to friend

Hi,Due to some unavoidable reason, me and my friend are planning to buy a property which is going to be registered in my name. However, I will be giving a irrevocable power of attorney soon after so he can take all decisions regarding sale / rent etc. I do not want any rights per se. While our relation is absolutely great, but we want to take legal precaution if there is some dispute comes between us. Hence my question is :1. Is getting an irrevocable power of attorney full proof? Can it be challenged later? 2. Is it possible to do a gift deed instead of POA? But I suppose some taxation issue will come in gift deed registration?What is the best way to make sure that even in future if disputes come, this transaction is full proof?thx

Advocate Yunus Vakharia answered
an irrevocable POA if it relates to a property has to be registered so the registration and stamp duty charges will have to be paid.if you are financing the flat you should record this by a executing an MOU so that you have proof that you have contributed towards the flat.The Courts have deprecated the practice of transferring right in immovable property by a Power of Attorney, thus it would be better to have a gift deed but in the case of the gift deed you will lose all your rights to the property.

Q: Parsi Wadia Trust not transferring the property

My father's sister was staying in Cusrow Baug which is owned by Wadia Trust, she passed away last year and I have been staying here since a year and half, my father also visits here sometimes, I have been informed by the legal team from Wadia Trust that the property will. It be transferred to me and I am an illegal tenant, I have been sending my rental cheques every month however they are not accepting the rent. I am a Parsi too and my father too has asked them to have mine and his name to be added to the property. What can I do

Advocate Yunus Vakharia answered
First and foremost do not vacate the flat, keep the possession with you. They cannot forcibly remove you or allot your flat to anyone else without filing an eviction suit against you.the houses in Cusrow Baugh fall under the rent act. Some additional facts are required before I can comment on how good your case is as regards claiming the tenancy right of your late aunt. You can file a suit for declaration against the Panchayat depending on the facts of your case.

Q: How To Make Trespass Notice And From Whom And Process

Iwant make trespass notice how make and process From whom make these and do ineed police iwant properly step

Advocate Yunus Vakharia answered
it is important to see what is the nature of the trespass, if its civil or criminal in nature or whether both.another question is whether you were disposed from the property?you can file both civil and criminal cases depending on the facts of the case