Advocate Darsh Pareek

Questions Answered by Advocate Darsh Pareek

Q: Fraud transaction done on Credit Card, bank asking for money

Mistakenly otp was shared with the person calling themselve as bank employee and second moment, we receive the banks messsage of certain amount has been deducted, immediately we call bank to block the card and file complaint in bank and FIR too in police station. the transaction was showing processing for 2 days, we contacted the bank to stop it but bank said that they can't stop it. Bank said they will investigate and police too but no outcome was there. Now after many months bank has sent notice to make payment of fraud transaction and they have increase the amount to double by adding interest and other charges. Now what should we do? it was already a shock for us finding out that the person called was fraud and now bank want payment with increased amount.

Advocate Darsh Pareek answered
According to the revised guidelines, a customer will have zero liability in respect of a fraudulent transaction if there is contributory fraud or negligence on the part of the bank, irrespective of whether or not the transaction is reported by the customer. In case of a third party breach also, where the deficiency lies neither with the bank nor with the customer and the customer informs the bank within 3 working days of receiving communication from the bank regarding the unauthorized transaction, the customer will not be liable. Similarly, customer liability has been capped at Rs 25,000 if a person reports unauthorized transactions within seven working days. However, a bank is free to determine customer liability if such a transaction is reported after seven working days.

Q: Wants to file for appeal against the order of lok adalat

A property case is settled by lok adalat. Give possession of property to ther party. If i don't did what proceeding will be against me. I want to file appeal against lok adalat order

Advocate Darsh Pareek answered
Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in the exercise of their right to litigate.

Q: What does release deed matter mean in Property law ?

sir my grand father and his two brother purchased a agriculture land many years ago.now one of his brother made a release deed in favor of my grand father in 2007.now in 2011 my grand father died and this land is came in name of my father, and grand mother,and one brother of my grand father as we know a legal process.now in 2015 my grand mother and one brother of my grand father also made a release deed in favor of my father.now in govt. record it is in the name of my father. now the brother of my grand father who made release deed in 2007 made a complaint that because this land is purchased by him and his two brother it can not be transferred by release deed ,it should be registry,he write in complaint that they made a huge revenue loss to govt by this act,as if the registry could be done the govt get huge income by stamps duty. he said in complaint that they give bribe to tehsildar to do so.he said in complaint that this release deed should be cancel and govt take necessary action.

Advocate Darsh Pareek answered
A deed of release is usually issued once a mortgage or other type of debt, previously secured against the asset, has been paid in full. After the deed of release is written, the asset is owned free and clear by the owner, and any previous claims against the asset that the lender may have had are dissolved. A release deed is something which one wants to execute if he wants to relinquish his claims over the property either for a consideration or without consideration.In your case, your Uncle is correct in saying that land cannot be solely transferred to you through release deed as they are also the co-ownership, other allegations require consideration.That you have right in that property to the extent the share of your grandfather in the property.You must file a suit for partition.

Q: Father and brothers bought property together now not dividing equally

My father and his three brothers purchase a land twenty years back That time they could not divide his land and they use land according his requirement. Mere pitaji 02 sal pahale a jal swavlamban yojana k tahat apane hisse ki jameen me band bana diya but unake bhaiyo ne ise tod diya or bol ye hamari ha ham isame seema gyan or patthar karana chahate ha Please do needful help

Advocate Darsh Pareek answered
That the property is bought by four brothers including your father, are the owners having an equal share in the property.That since the partition of property is yet to be done, you can file for partition of the aforesaid land.A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of the property.To divide common property among brothers — a partition deed for a property is made. The deed is effected to legally divide the given property between all the stakeholders so that each person gets a share and becomes the absolute owner of the share allotted to him. This is done by distributing the property according to the share that each co-owner is entitled to under the law applicable. Upon division, each divided property gets a new title amid each sharer giving up his interest in the property in favor of the other sharers. In a nutshell, it is a process that involves surrender and transfer of rights in the said estate. The new sharer is the absolute owner and can dispose of the property at his free will. This means he can sell, transfer, exchange, or gift the property.

Q: How to get land transfer registered in grandmother's name?

My grandmother has agri property which was brought by my father but registered with my grandmother’s named. After my grandfather’s demise, my uncles has taken KCC on that land. Now my grandmother wants to transfer the property to me. 1. What is the ownership transfer process with KCC still active? a. Do I need to close down the KCC first or I can simply inherit/transfer the property with transfer of KCC as well. 2. What is the process once we put up the request of ownership transfer to the thesildars a. What are the documents required b. Process afterwards i. Measuring the land etc ? ii. Talking to villagers etc ? 3. Can my uncle’s put legal objection to this ownership transfer ? or my grandmother is free to transfer the ownership as she chooses ?

Advocate Darsh Pareek answered
The KCC has short-term credit limits for crops and term loans. The validity period is five years, with an option to extend for up to three more years. The scheme has nothing to do with ownership process.The process for transfer of ownership is time taking, Kindly note the documentation procedure for mutation of property and the applicable fees varies from State to another, once you have submitted an application to tehsildar. Below is the general procedure;You have to pay applicable fees through Demand Drafts. (The fees varies from one state to another.)Enclose the required documents along with the application and DDs.-Copy of Sale Deed-Indemnity Bond & Affidavit-Latest property tax receiptDocuments required for mutation in case of inheritance or Will are as below;-Death Certificate-Copy of Will or Succession Certificate-Indemnity bond & Affidavit-Latest property Tax paid receipt-Copy of Sale Deed etc.,Once you submit all the required documents, the assessing officer (or) revenue inspector will check the documents, may visit the property and will process the application. Generally, they will issue Patta Certificate / Mutation Certificate / Khata Certificate after processing your application.