Advocate Kunal Kamath

Questions Answered by Advocate Kunal Kamath

Q: Non refund of rs 4 lakh in fees by coaching institute

We paid rs 4 lakh for my sister's JEE coaching fees to an institute. Halfway through 11th grade, the institute shut down, teachers said they cannot teach as they are not receiving salary. We were told we wil get fee back in 2-3 months but we have not received any news yet. How to proceed? Any tips on how to file a consumer complaint? What steps to take?

Advocate Kunal Kamath answered
Hi, in such a scenario, it is advisable to first send a legal notice, and thereafter file a consumer case having local jurisdiction. In case if the institute is shut down then it becomes difficult to execute the order that may be passed in your favour, however we can make the directors or partners as the case may be lible to pay the amount passed in the decree

Q: Managing committee election in society

Hello,There is housing society election in our building in Mumbai .17 contestants are fighting election for 10 positions .Three -four people group are trying to do some manipulation in the election . What can be done in this scenario?Should we call police and stop the election or approach the court . Who can help ?Please suggest.

Advocate Kunal Kamath answered
Hi, in case there are manipulations in the elections of a co operative housing society you can approach the returning officer who will in turn take cognizance of the same, in any which case your ultimate remedy lies before the co operative court to challenge the election process after the election in case if the same is manipulated

Q: Removal of co-owner's name from the Apartments

I own a flat in an apart bldg. My father's name was there as a co-owner in the sales agreement and deed of apartments signed with builder. My father is no more. Since it was me who had purchased the flat in the jt names, my father had left a registered will giving his share of ownership to me. Being an apartment and not a coop housing society, there is no share certificate or no nomination forms filled. Please let me know procedure to get my father's name removed and retain only me as sole owner

Advocate Kunal Kamath answered
Hi, since there is a will executed by your father, you will have to apply for probate assuming that the property is situated at Mumbai. After obtaining probate you may transfer the said flat in your name exclusively with a legal document

Q: Elder Brother not giving NOC while making Gift Deed

I'm a Hindu. My mother wants to make a gift deed to transfer the property in my name, but my elder brother is not giving a NOC, and wants his name added as joint holder, as he fears that I might get cheated by a third party , as I am unmarried and will be living alone in the future. My question: Is it possible?

Advocate Kunal Kamath answered
Yes it is possible, your brothers NOC is not required since the property belongs to your mother and your brother has nothing to do with the same. In such a case you can execute the gift deed without having the need to obtain NOc from brother which is not at all required.

Q: In suit of partition we have limit to fill the WS in 90 days

In suit of partition we have limit to fill the WS in 90 days if defendant have given lawyer but not filled the WS with in 120 days then what will we be the next steps need to take in SUIT of partition case. suit of partition is for land partition only.

Advocate Kunal Kamath answered
Hi ideally a defendant shall file its written statement within 30 days, however the court may extend the said period by further 90 days, after the conclusion of total 120 days the court may pass no written statement order, however the same can be set aside by filing an application if sufficient cause is shown