Advocate Hemachandra K N

Questions Answered by Advocate Hemachandra K N

Q: Property in joint name want to transfer in son's name

My husband has bought a flat in his and his mother's name in Kolkata.He is paying the EMI for the property.The bank loan gets over in 2017.I want the property to be registered in my husband's name solely since he is bearing the EMI.How can we register the property in his name solely so that his younger brother doesn't have a claim on the property after death of his mother.Since,the property papers is with bank due to loan, how can we get the property registered immediately.I fear his mother may wrongly give her part to his younger son who didn't even invest a single paise in the property.

Advocate Hemachandra K N answered
Madam,A registered deed of release executed by your mother-in-law in favour of your husband will serve the purpose, you may consult a competent lawyer in Kolkata and get the things moving subsequent to that your husband will get the individual ownership over the flat and your mother-in-law will not have any rights to transfer her share

Q: Unable to pay loan amount agents are harassing me

I am under debt of 80 lakh, I was update on interest till last december -15, Which is approximate 2.8 lakh per month. since 3 months I am finding difficult to pay interest because of reduction of monthly income day by day, it has resulted in pressure, abusing by loan providors etc, some time because of that I lost temper & day by day I am getting depressed. & it is affecting my daily bread too. I am not having any assets and my cibil is bad because of business loss I suffered in 2009. Please show me the way to get time & little bit relief to concentrate to earn and to clear all the debts.

Advocate Hemachandra K N answered
See... this is a common thing that happens to all persons who do not plan their expenditures properly, first of all it is not wise to incur debts when one does not plan the proper resources to repay the same, in so far as the business debts are concerned I do not understand why your cibil rating has become bad now for the losses you incurred in 2009, According to me it should have become bad in the year 2010 itself, however all said and done, In my humble opinion I discourage anyone from using any Court as a tool to get time and little bit relief, but I advise you to convince your lenders that you will earn and pay all their debts in due course and they are sure to agree, If you proceed to any Court with any frivolous litigation it will only result in adding fresh fuel to the already burning fire.

Q: How to claim husbands property after his death

Roopa 39 love marriage after marriage of 6 months husband infected with HIV no kids and lived with him for 12 years due to domestic harrement got divcores 2016 with life time maintains 20000 and his property attached to maintains order..he expired on 3rd March 2016 and now do i have rites on property and how do i claim maitains life long....his mother and bother alive and my lawyers have not done proper paper work in court. ..can u plz advice

Advocate Hemachandra K N answered
In such kind of case, you can have the property transferred to your name through the execution of the maintenance order in the Court which had passed the orders and then if you desire you can sell the property and retain the lump sum of the sale proceeds for your future maintenance.For this you will have to first file a execution petition in the concerned Court seeking attachment and sale of the property that has been attached for maintenance and post that you will have to get the ownership of the property and sell the same, if you desire to do so or retain the property towards permanent alimony.