Removal of my younger brother name from the joint ownership of the Aptmnt, Delhi
Removal of my younger brother name from the joint ownership of the Aptmnt, Delhi
This is continuation to my earlier question, some Lawyers has suggested about getting a release deed executed from my Brother. But I wanted to share that it is not a inheritance ancestor property, thi
3 years ago
A. Your brother can execute relinquishment deed in your favour relinquishing his right in respect of flat in your favour.
Sidhaarth S
Ayantika Mondal @ Prime Legal
Parking Issue
In our society there is vacant car parking space . The owner is staying abroad . So we enquired him about the parking space so that we can park our car there . He gave his consent over telephone . He
3 years ago
A. Hi,
You can serve the society with legal notice to stop harassing you. Inform them of the owner's consent of the same. If he is unwilling to give written consent, they can have him declare the same verbally. As an apartment owner, you have the right to receive adequate parking space.
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Ayantika Mondal @ Prime Legal
Joint property
f in share certificates 2 names are there but 100% payment was made by the person whose name is standing first in share certificate in this scenario what are the rights of person whose name is standin
3 years ago
A. Hi,
Both of you have rights on the shares even though the payment was not made by you. Your name on the share certificate makes you the shareholder for the same and hence you get all the rights over it.
Thank You
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Ayantika Mondal @ Prime Legal
Vaidehi Samant
Home partition
How the home partion can be done legally between 4 brothers, home having 4 adjacent rooms in east to west direction? Any particular sequence can be followed legally like first brother in first room, s
3 years ago
A. Hi,
There's no particular sequence specified for dividing the property. However all the brothers have equal rights over the property, and hence the property can be divided by mutual settlement.
Thank You
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Ayantika Mondal @ Prime Legal
Sidhaarth S
Property
I want to sell my deceased father property but problem is that my younger brother died in 2001 and his also has son who lived with his mother after her second marriage since 2002.And he not legally ad
3 years ago
A. Hi,
Yes, he is still the legal heir of your brother. Thus, you need his consent before selling the property to anybody else. Thank You
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Ayantika Mondal @ Prime Legal
Property
I want to sell my deceased father property but problem is that my younger brother died in 2001 and his also has son who lived with his mother after her second marriage since 2002.And he not legally ad
3 years ago
A. Hi,
Since his adoption is not legal, he is still the legal heir of his father which gives him the right to claim his share in the property. So if you wish to sell the property, consent for the same needs to be taken from the child too. Thank You
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Ayantika Mondal @ Prime Legal
Sidhaarth S
#Anik,[same title but question different] it wasn't answered mistakenly..
If shop/plot is my own, not rented..total 5 questions.. 1.Can i ask for rent as 'Muavja' ? If shop was my own, not rented, 2.Can i ask for rent ? [From the time he/she occupied to the time court decis
3 years ago
A. Hi,
1) Since the shop/plot is yours, you have a legal right of claiming the rent.
2) Yes, you can ask for the rent or compensation of all the months since when the tenant had occupied your property.
3) When you file a civil suit, You must ask for the claim of damages and compensation.
4) It is the discretion of the court.
5) The final amount shall be decided by the court only. However, You can put up the estimated amount of the loss that occurred to you.
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Ayantika Mondal @ Prime Legal
Sidhaarth S
#Anik, if someone occupy my plot/shop on which my business is registered, then?
Based on the question with same title which i posted at same time, under which section/act of law, i can ask for lawyers fees & rent, please name the section/act of law, Rest, i'll research about it..
3 years ago
A. Hi,
File a civil money recovery suit under Order 37 of the CPC.
Ayantika Mondal @ Prime Legal
#Anik, if someone occupy my plot/shop on which my business is registered, then?
Based on i question with same title that i posted at same time, can i decide the amount of rent to ask for ? Or court'll decide it, if court, then, on what factors court'll decide it?
3 years ago
A. Hi,
The amount claimed will be calculated according to how much loss you have suffered as a result of the defendant's actions.
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Ayantika Mondal @ Prime Legal
#Anik, if someone occupy my plot/shop on which my business is registered, then?
1.Can i ask for rent as 'Muavja' ? If shop was my own, not rented, 2.Can i ask for rent ? [From the time he/she occupied to the time court decision in favour of me] 3. How much % chances are there tha
3 years ago
A. 1. You cannot ask rent from unauthorized occupant but you can dance damages.
2. No. You can ask for damages.
3. Damages shall be on the basis of market rate.
Sidhaarth S
