Advocate Rishabh Jain

Questions Answered by Advocate Rishabh Jain

Q: Documents required to transfer ownership in co op society after death

I am Hony. Secretary in a Co-Op Group Housing Society. In case a member dies without making a will. The property is a Flat in the G/H Society and the wife is the nominee of the member in respect of that flat. The wife applies for the transfer of the flat in her name. What documents are required to be attached to her application other than the death certificate? Since the wife is his nominee for that particular property, do we require registered release deed from the other members of the family (legal heirs) relinquishing their rights in her favour, or the nomination papers are sufficient to transfer the membership to the wife?

Advocate Rishabh Jain answered
The property is a Flat in the G/H Society and the wife is the nominee of the member in respect of that flat. The wife applies for the transfer of the flat in her name. What documents are required to be attached to her application other than the death certificate? Since the wife is his nominee for that particular property, do we require registered release deed from the other members of the family (legal heirs) relinquishing their rights in her favour, or the nomination papers are sufficient to transfer the membership to the wife?

Q: Original property papers of a property lost by the bank

After clearing housing loan, the bank has given NOC but original property papers still not returned. It seems they have lost the original papers. They’ve confirmed on mail that they will be recreating the papers thru registrar’s office and provide me with certified copies along with a copy of FIR, newspapers ads, and a lawyer’s EC. The bank says that these are as good as original papers. But my property value has diminished. Can I claim financial loss. How ?

Advocate Rishabh Jain answered
After clearing housing loan, the bank has given NOC but original property papers still not returned. It seems they have lost the original papers. They’ve confirmed on mail that they will be recreating the papers thru registrar’s office and provide me with certified copies along with a copy of FIR, newspapers ads, and a lawyer’s EC. The bank says that these are as good as original papers

Q: Right of children on self purchased property of father

Father purchased a 100 MTR plot in 1974 .out of this 100 MTR transfer his grandson and remaining 100 MTR to his wife before his death ( both documents not known) what is the right of his children now?

Advocate Rishabh Jain answered
You have to get the property documents...the i formation you have shared is entirely i complete...cannot guide on half information...recollection of property documents is a must as nothing can be done without it... you have to file a case but incomplete documwnta will lead you to nowhere.... gwt the docs complete at ny cost first.. ...

Q: Can an individual file for bankruptcy to avoid repaying loans

hi, i have various personal loans from different banks. from last year i do not have a job and i cannot repay them.is there any possibility to file bankruptcy??if yes then please let me know the cost and procedure so that i can proceed further with you.

Advocate Rishabh Jain answered
The Insolvency and Bankruptcy Board of India (IBBI), the newly established regulator to reorganise insolvency laws in the country, is working on guidelines for individuals who want to declare bankruptcy and will also allow voluntary liquidation by companies, chairperson Madhusudan Sahoo said in an exclusive interaction with ET.The IBBI is the nodal agency for implementing the new bankruptcy law under The Insolvency and Bankruptcy Code, 2016, which consolidated and amended laws relating to insolvency of companies, partnership firms and also individuals in a time bound manner. Laws providing for individual declaration of bankruptcy are currently state-specific, but have been seldom used because of the tedious process associated with it.

Q: Can daughter ask for share in property gifted by mother to grandchild

I am a Hindu my mom gifted her property to my son can my sister challenge the gift deed n ask for share?

Advocate Rishabh Jain answered
One the property ia transferred the title and ownership is also transferred to anr person either by way of sale gift excnage any mode It is the absolute right of the person who has received the same whether he mortgage or sells