Are you in searching for the best Property and Real Estate lawyer in Mumbai? If you are answering this question as yes then you have arrived at the right place. Advocate Aniket Nerurkar being one of the best Property and Real Estate lawyer. He is in this field for last 15 long years involved in the process of . INVESTIGATION/VERIFICATION of property agreements of land, flat (residential), commercial office, shop, tenements etc.
His investigation/verification process involves investigation of chain of agreements by taking TITLE SEARCH REPORT from sub-registrar office manually and also through online process.
Title search verification of 30 to 40 years is one of the process of checking the title of any immovable property alongwith the Index 2.
Other process of checking the title of immovable property is to check the property papers from SUCCESSION and INHERITANCE point a view. If a person has expired, first question to be asked for the person selling the immovable property is whether the person or seller of immovable property expired by executing an WILL or died INSTESTATE. If the person has died intestate the law of succession will apply. There are different Succession laws for different religions. For Hindu there is HINDU SUCCESSION ACT, for Christians there is INDIAN SUCCESSION ACT and for MUSLIMS -MUSLIM PERSONAL LAW.
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 If Aniket Nerurkar the 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. Advocate Aniket Nerurkar is one of the best Property and Real Estate Lawyer in Mumbai.