Advocate Darshan Modi

Questions Answered by Advocate Darshan Modi

Q: Want to file different cases for each cheque received from same party

i have 5 cheque with same drawer of cheque so can i file 5 different cases under provisions of 138 ni act so that drawer will get harrassed and make settelment as early as possible

Advocate Darshan Modi answered
Dear sir, Whether 5 cheques for one legal enforceable liability. What court see legal enforceable liability. 5 different cases will be expensive to you. Filing 5 cases does not guarantee that accused /respondent will settle.You have not stated how you got 5 cheques. You have to give legal notice within 30days of cheque bounce and notice period is 15days to settle issues or else within 30days you have to file case/complaint against accused as per jurisdiction.Feel free to contact. Thankyou

Q: Legal procedure to file a case of cheque bounce

Dear Sir I have been given cheque by my friend of 9 lac rupees which has bounced on 15Jan 2018. Earlier I had given a amount 7 lac to a person who was introduced to me by my friend. Now my friend has my 7 lac rupees which he is not returning beneficiary giving amount back. Can I file 138 on my friend .

Advocate Darshan Modi answered
Dear sir,There is lack of some points missed out in your query.It was friendly loan what about interest?How both of you approach? Any security given? Any witness present?Loan for what any occasion; business, social function etc.The option isYou can issue notice of recovery of your amount 15days period Wait for his reply for 15days and after that you can file complaint u/s 138 of NI Act.Notice can be drafted by you or adv. Please check NI ACT.

Q: Can property be transferred on my name if loan was on brothers name

I hd purcsd a flat on loan 4m icici bnk. Bein abroad culd nt get a loan. So my bro took loan on his name. Flat is on his N dads name. Now i want to pay up d bal n clear. He says.. bank has said to give NOC from all 3 bro as fathers name is involvd. Cant he transfer the flat in my name with the loan or after i pay d bal without an NOC. Kindly advice.

Advocate Darshan Modi answered
Reply to your query:-At the outset contradictory statement that you had purchased a flat on loan from ICICI Bank, but being abroad could not get a loan.Your brother applied for loan(nothing clear hence, home loan) on behalf of you by putting his name first as he applied loan (actually on your behalf) which was duly sanctioned and your daddy's name.You have total 2 brothers (in other words your father having 3 sons)-you have not mentioned that whether you were re-reimbursing the entire loan installments amount to(monthly EMI) to your brother.,monthly basis or not.Bank is not aware about your internal arrangements of funds so bank is right that bring NOC from all the sons/legal heirs /representatives of your father..Your brother can not transfer the flat in your name since your father name also been inserted hence, even though it is your flat purchased on behalf of you by your brother, the NOC procedure must.You have to provide documentary/monetary evidence that although your brother name is in sale-deed and also in share certificate it is your money only and you are buyer of the flat, It is undisputed fact that you have to pay entire amount of loan+ interest and bank charges + out of pocket expenses+ registration fees etc to your brother.whether have made any MOU or understanding documents/ affidavit/ whether power of attorney made by you to your brother. relinquishment deed to be prepare for giving away/surrendering his right since on paper your brother is owner(co-owner).Even your brother NOC is must and for that you need to pay all his dues first with MOU that once he receive entire amount he will be binding to issue NOC to you.Without NOC share certificate will not be in your name.+ you need to make one gift deed your father giving his right/ share in the said flat to you in your name.- hidden part since your father name is also mentioned in share certificate. -Father gift to son nominal expenses. Try to finish the procedure as soon as possible if any thing adverse / against you then you may face litigation as bank and society knows your brother and your father as shareholder. Hope its clear . however need to check the documents also hence, primafacie this is opinion. Thank you

Q: Clarification on nominees name added in share certificate

Flat in joint names of wife and husband. Husband died in 2012. Society received request for endorsing 2 Nominees' names on reverse of share certificate as nominee wanted to apply for mortgage loan. After consulting lawyer society entered the names of nominees by mentioning the word "Nominees" alongside in bracket. Is this correct? Though wife is still alive the Nominee is harassing society to transfer share certificate in his sole name. Clarity required.

Advocate Darshan Modi answered
As mentioned first line flat is in joint names of wife and husband(if not mentioned it is understood 50% ratio of each) now as Husband expired in the year 2012. so the society should have been deleted the name of husband and wife name should have been mentioned only on share certificate as wife is co-owner of the flat. now if the society have already endorsed 2 nominees name on reverse of share certificate as nominee, when the co-owner is alive nominee do not have any right in the share/property/flat till owner (co-owner is alive) the society in fact should not have to mention the 2 nomiees name in share certificate, nomination(nominee) name can be anytime withdrawn as nominee-big mistake society did-what if the nomiee changed? nominee expired? nominee can not act by virtue of whatsoever any reason?. in stead of that society can mention the names of nominee in the nomination register, nomination file.right now wife is the sole owner of the flat till she dies after her death only question arises what to do next. whether the society has asked family tree of husband and wife? whether 2 nominees are the only heirs of husband and wife?In nut shell, nominee can not harass the society to transfer the share certificate in his sole name, because nominee do not have any locus standi to ask for or to speak/communicate with the society, for further clarification documents need to be check.