Advocate Santosh S. Gaikwad

Questions Answered by Advocate Santosh S. Gaikwad (50+ answers)

Q: Transfer of 4 names in late mother's WILL

3 people live out of India. Their identity and address not available. I am not in connection with 3 bemeficaries of mother's WILL. I am available and one of the beneficary of the WILL. Can my name be transferred through transfer deed .out of 3 people one died and 2 of them are disconnected. At least the name of the person avsilable can it be put alone in the ownership document

Advocate Santosh S. Gaikwad answered
Probate the Will Obtain death certificates, legal heir documents for the deceased beneficiary.Try to locate/notify other beneficiaries (through publication in newspapers, etc., if needed).Execute a partition deed or individual transfer documents among beneficiaries.

Q: Property share issue and rights

I lost my mother a 4 months back. The property was in both my mom’s and dad’s names. Now my dad is trying to transfer it only to his name. The property was originally self-owned by my dad. I am married, and my brother and sister-in-law are forcing and arguing with my dad to make a will in my brother’s favor. My dad is asking me not to get involved because he is scared, as he stays with them. What can I do to ensure I get my share? And how can I challenge a will made under pressure?

Advocate Santosh S. Gaikwad answered
The mother’s 50% share (assuming equal joint ownership) does not automatically go entirely to the father in all cases.It devolves to her Class I legal heirs under the Hindu Succession Act:Husband (your father)Sons and daughters (you and your brother, equally)All Class I heirs get equal shares in the mother's portion.

Q: In 138 matter what will the next step by complainant advocate in this

If accused is a company and the documents filed were in individual capacity, the complainant given a friendly loan to accused, in this matter what will the next step of complainant advocate?

Advocate Santosh S. Gaikwad answered
If trial hasn't started, file an application to implead the company as accused under Section 141 of NI ActSection 141 covers offences by companies — both the company AND the person in charge can be prosecutedIf only individual is named, the company can still be held liable if proper averments are made

Q: Book a flat in 2004, allotment letter given, what are my rights,

I had book a flat in a project in 2004, the builder did not start the project, in 2024 he changed the name of his company and started another project on the same site, now he refuses to acknowledges my right as a flat owner and has written to me for a fefund, what can I do in this case

Advocate Santosh S. Gaikwad answered
File complaint under RERA Act 2016Demand possession OR full refund with interest @ 10-11% p.a. from date of bookingChanging company name does not extinguish original liability — the builder cannot escape obligations this way

Q: I have fallen into a multiple-loan EMI trap. i want help urgently

I had taken out a digital loan through a mobile app.I took one loan, and then another; initially, the situation was manageable.However, later on, I faced issues with my salary, so I decided to take out a larger loan to clear all my outstanding debts at once. Under that pressure, I failed to perform the necessary calculations regarding interest rates—specifically, how much I had borrowed versus how much I would ultimately have to repay.please help me please

Advocate Santosh S. Gaikwad answered
You can also approach the RBI Ombudsman (Integrated Ombudsman Scheme) after the lender’s response or if no response in 30 days. It’s quasi-judicial and can direct the lender to correct unfair practices, refund excess charges, or restructure the loan.You can also report suspicious apps, numbers on the Sanchar Saathi portal to block them.