Advocate Namita Kumari

Questions Answered by Advocate Namita Kumari (25+ answers)

Q: Loan against Subvention Scheme

I have taken a loan against Supertech ORB project under subvention scheme from India Bulls. Now NCLT has resolved the project and I am getting possesion of flat by paying the balance amount. India Bulls had handed over the debt to ARCE. So how and to whom I start paying my EMI and what happens to the EMI builder was supposed to pay? What documents I ask from ARCE before I start paying EMI or should I wait

Advocate Namita Kumari answered
Lots of Subvention scheme matter especially with regard to Indiabulls is already pending before the Supreme Court in which CBI inquiry is being conducted at present. Share me the details of your case and whether it was a tripartite agreement, linked with various stages of construction.

Q: Possibility of fake fir under BNS 69

Can a girl file fake FIR under Bns 69/ ipc 376 if •our interaction was only on instagram chats (no calls)• I promised her marriage on Instagram• No romantic or sexual demands• I never met her, Never shared my phone number• blocked her from Instagram last year in Feb 2025.

Advocate Namita Kumari answered
Anyone can try to approach the police and can file a complaint, but that does not mean it will become a case against you. From your facts, there was only Instagram chatting, no meeting, no physical relation, no sexual demand, and you blocked her long back. Such facts do not make out any serious offence. Even if a false FIR is filed, it can be handled easily through legal remedies.

Q: PROPERTY OWNERSHIP VERIFICATION

We are purchasing a property in which the Conveyance deed is 30 years old Transfered from Mother (who had self Acquired the property not inherited and not Ancestral) in the name of Current Owner .The Agreement to Sell is registered in the Name of his Father while the GPA was registered in the name of the Mother of the current owner who had then transferred the property in the name of the son i.e the current owner.As a purchaser do I need NOC from the siblings of the Current Owner ?

Advocate Namita Kumari answered
Since, the property is self-acquired, the siblings of the current owner do not have any legal right over it, and their consent is not required by law. However, as a precaution and to avoid any future disputes, it is advised to obtain a NOC or relinquishment deed from the siblings.

Q: Insolvency for UK firm - seeking advice

I am seeking advice regarding a UK Private Limited Company. The company is insolvent with significant creditor debt and shareholder equity. We are looking to liquidate via Insolvency Practioner (IP). My specific questions are, how thoroughly do IP investigate in practice? How many years back do they go? Do they investigate every transaction?Considering the company has no money, will they not just close it without investigation?

Advocate Namita Kumari answered
Since the conveyance deed in favour of the current owner is 30 years old, the ownership is generally considered legally settled, depending on the verification of documents and continuity of title. Since, the property is self-acquired and the siblings of the current owner do not have any legal right over it as a precaution and to avoid any future disputes, it is better to obtain a NOC. You can obtain the relinquishment deed from the siblings as well.