Get Free Legal Advice from Top Expert Lawyers

Dear Client,
If your fathers name appears in the family register of UP where the property left by your grandfather intestate without any WILL then that property is classified as an ancestral property, and your father gets the right to said property by birth and that right cannot be waived or ceased by any mode even for staying in another state or non-occupying the property physically and nobody can claim the share of your father as a matter of right. Typically, ancestral property refers to prop

Dear Client,
Section 42 of the SC/ST Act, 1989, prohibits the sale of SC/ST land without the approval of the competent authority. This law was enacted to protect the interests of the SC/ST tribe. However, one can acquire SC/ST land by obtaining permission from the DM or the Collector concerned. When one is from the general caste, he/she would have to go through a lengthy procedure to obtain SC/ST land. A tribal(SC/ST) can purchase land from a non-tribal person, but he/she can not sell the prope

Dear Client,
In response to instant query in reference to your earlier query, it is reiterated that according to Section 92(1) of the West Bengal Co-operative Societies Act, 2006, any allotment (including re-allotment) of a plot of land or a house or apartment in a building made by a Co-operative housing society to its member in accordance with its by-laws shall entitle such member to hold such plot of land, house or apartment, as the case may be, with such title or interest as may be granted u

Dear Client,
According to Section 194-IA of the Income Tax Act of 1961, TDS must be deducted on the transfer of specific immovable properties (excluding agricultural land) if the transaction value is over ₹50 lakh. In case of jointly owned property, TDS deduction under Section 194-IA is based on the whole consideration amount paid to the seller, regardless of their ownership share in the property. Each co-owner is taxed on their respective share of income from the property, which is typically

Dear Client,
The method @ per sq ft of super built-up area of an apartment or flat is extensively followed for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartments are different. Your maintenance charges will depend on the size of the total number of square feet in your apartment. Based on this method, a fixed rate is levied per square foot of the area of the flat. Flat Owners have to pay the mainten

Dear Client,
The transfer of a flat in a cooperative housing society in West Bengal is governed by the West Bengal Co-operative Societies Act, 2006 and the West Bengal Co-operative Societies Rules, 2011. The process involves a tripartite arrangement where the transferor (seller), the transferee (buyer), and the cooperative society are all parties to the transaction/deed. The society acts as a confirming party, acknowledging the transfer of the flat and the associated share/interest in the socie

Dear Client,
In fact, a mentally disabled person is well protected by the laws of the land. The primary laws governing the rights of mentally disabled persons are (1) Guardians and Wards Act, 1890 (GWA); (2) National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (NTA); (3) Rights of Persons with Disabilities Act, 2016 (RPWD); and (4) Mental Healthcare Act, 2017 (MHA). However, in extreme situation, you can seek intervention

Dear Client,
As per the topographical land survey, layout marking and demarcation are done, inclusive of roads, plots, commercial spaces, and extra spaces for public use, etc. The demarcation is almost purely a technical operation, carried out jointly by the surveyors, acting as boundary engineers, of both parties. Post-survey of the land, a unique survey number is allotted for plots based on the topographical location of the land. Property demarcation means physically dividing the property int

Dear Client,
In the case of testamentary succession, the first step in transferring a property to a beneficiary as per a Will is to either get the will probated or get letters of administration (LOA) from the Civil Court having jurisdiction over the property left by the deceased owner. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries and conclusive proof that the will was executed validly and is the deceased’s last Will. The executor of the

Dear Client,
The rooftops of the building of a multi-storied Building are known as an open terrace and are a part of the common area that is usable for all the floor owners of a multi-storied building. Builders right to terrace seized once they sold the project to the buyers. Moreover, legally, a Builder cannot sell it or a Society cannot permit any floor owner to use the terrace for his own purposes in any multi-storeyed building, which is known as a common area usable by all the floor owners