Advocate Rishi Kumar

Questions Answered by Advocate Rishi Kumar

Q: what is the procedure when bank lost my property documents ?

My loan got completed in sept 2015, but after completion of the loan, when I asked for my original property papers, the bank said they are misplaced and we will search for the same. I waited for 1 year and chased them every time on calls and mails but got only one reply we are searching. After 1 year they provide some of the duplicate papers and said, to continue the search for original papers as well. But it is now one more year and didn't receive any reply from the bank officials. I don't know what to do in this situation, if i want to sell my property, i will not get the actual price of the property due to lack of original documents. what is the supreme court judgement on property papers lost by bank ? Please guide me.

Advocate Rishi Kumar answered
don't sign any acknowledgement ,once you do so you lost the opportunity to claim with that Immediately register a written complaint with bank and do mention that original document/s are lost by the bank and its past since one year . Don’t forget to take acknowledgement from Bank official along with Bank seal.If any govt issued document is lost or misplaced, it is mandatory to register Police FIR. In Police FIR, clearly state that Bank has lost your original Document/s or Page/s which you submitted with the bank in original against Loan from bank with that you can give that FIR COPY to concerned bank .

Q: Can a father legally gift his property to only one of his sons in India?

We were two brothers, and my elder brother, who was married and had a son, has passed away. Our father is still alive and owns a house. He does not wish to give any part of his property to my brother's wife. I would like to know if my brother's wife and son have any legal rights to claim a share in our father's property.

Advocate Rishi Kumar answered
If it's not an ancestral property and earned by built by your father only then succession is decided as per yours father wish .But you had not made clear whether your brother was employed and self sufficient before his death or not ,if answer is in negation then case would be different because as per amended law situatiuation will be different .

Q: what to do if someone is blackmailing you with photos online ?

Dear Sir, One of my friends (a 22-year-old woman) is being blackmailed by someone on WhatsApp and over phone calls. The blackmailer is threatening to make her private photos, taken by her boyfriend a year ago, go viral. He is demanding a physical relationship in exchange for not sharing the images. My friend is extremely distressed and is considering suicide. Please advise on what to do if someone is blackmailing with photos in India? Any guidance or appropriate actions would be greatly appreciated. Thank you.

Advocate Rishi Kumar answered
She need not worry. Advise her to file an online complaint with the Cyber Cell. Her identity will remain confidential throughout the process. Even if the private act was done voluntarily, it is still an offence if someone tries to manipulate or misuse such images. Moreover, she can deny the authenticity of the photos or videos, as there are various software tools available that can digitally alter images to make them appear real.

Q: Anticipatory bail in 498A, when NBW issued without BW or Summons.

Hi,nThis is a simple 498A case without any evidence, High court rejected stating custodial interogattion is required,however the anticipatory bail was dismissed by the apex court again in a silent order but however while the case was pending in the apex court the police filed the chargesheet(complete).Now the thing was in court. In the mean while nothing happened and the court didnt give us any summons, no BW nothing. All of a sudden we came to know the court has issued NBW without SR report of Summons or ER of BW cause they were never issued in the first place may have been ordered. What are the chances of Anticipatory bail as I never recieved any intimation to appear infront of the court and no address change has been made in my residence either and no other sections of IPC has been mentioned as well.

Advocate Rishi Kumar answered
share Details ; prima facies it's seem there is some conclusive evidences on basis of which Hon’ble High court refer for custodial interrogation; now we have see the chargesheet on basis of which further course of action will be decided.

Q: Fir is filed on my husband because of a property dispute

My question is we live in uae and my husband applied for his passport renewal on October from here as it was expiring on Feb next year with all his documents correctly. There is a long property dispute going on in his hometown for so many years btw there family so even after all this police clear the verification from there side told by our relative there but now we got call from consulate that there is fir on him so due to this they are not able to issue passport... Although he has no involvement in all this issue as we living here uae from so many years... How should we solve this issue please guide us

Advocate Rishi Kumar answered
Definitely you need a clear clarification and further verification for renewal of an Passport; they had rightly refused the Renewal as per the relevant provisions and law ; the remedy lies with the court - contact with all details