My prime focus is to provide factual and legal information on the provisions of TRANSFER OF PROPERTY ACTS AND SUCCESSION LAWS applicable in India and to simplify the legal complications and hurdles of clients by adopting the best possible ways to attain 100% success in their legal problems in accordance with the prevailing laws.
By providing factual legal information supported by case laws etc, we are successful in giving written legal opinions to high profile Co-op. Housing Societies, Corporate, NRI’s on matters relating to provisions in transfer of Property Acts and Succession laws.
It’s a great pleasure to address that I have achieved unbelievable success in acquiring orders relating to ‘DEEMED CONVEYANCE’ from DDR in favour of our cliental societies.
It’s a great pleasure to express that the list of my NRI clients from Middle East, UK, US, Australia, Canada etc, are increasing day after day.
It’s a further pleasure to express that I am on the panel of PMC’s for an exclusive work during Re-development of co-op. Societies relating to Drafting of Consent Affidavits, Development Agreements, Power of Attorney, Ownership Agreement of Permanent Alternative Accommodation and discussing and if required to argue with Developers Advocate and Developer on various clauses of DEVELOPMENT AGREEMENT, Keeping the societies interest in mind.
If the person has expired with a WILL duly executed then as per HINDU SUCCESSION ACT the “WILL” has to be PROBATED. In Christians and in Muslims the WILL need not to be compulsorily probated. But in Muslim the effect of will is only 1/3rd and 2/3rd goes by Succession. If the property is owned by H.U.F, then as a lawyer of Purchaser it is his moral duty to inform the purchaser that it is advisable to make all the coparceners party to agreement for sale and the Karta has to mention in it the reason behind sale of property. If only KARTA sells the Immovable Property and does not distribute the sales consideration then the Coparceners along with the Karta can file a case against the purchaser also.
In case of Purchase of Property by our client, where nominee is claiming to sell the flat then in that case it’s Advocate Aniket Nerurkar moral duty to make all the legal heirs party to the agreement as sellers, as nominee is just a CARETATEER and has no right to do any act of ownership like sale of flat etc.
If a flat is to be sold in SRA then the person cannot sell the property for 10 years from the date of possession letter received from the builder and for purchaser is to be seen whether the name of the seller from whom he is purchasing the flat is appearing in the annexure 2 for a purchase of flat.
In MHADA the rule is one cannot sell a flat unless 5 year have completed from the date of allotment and possession letter by MHADA. Only after the expiry of 5 year the seller whose name is mentioned in the said allotment letter and possession letter can sell the same to any third party.
Thus my process of title verification and investigation involves title search from registration office, succession laws, checking the chain of agreements, whether the person who is selling expired with the WILL or without, is the property of H.U.F, is the property in S.R.A, or its in MHADA accordingly, legal consultation is given in a very professional manner.