Advocate Sarthak Shah

Questions Answered by Advocate Sarthak Shah (100+ answers)

Q: Punjab National Bank is charging excess amount during closure of loan

My education loan was about to close and the PNB banker said that in 2021 they forgot to charge an interest and they have charged me Rs 53000 while we were closing my loan. After requesting from last two months still they are saying you will have to pay the whole amount. This is completely bank's fault also Bank manager said that it was some flaw from the Head office. Then why will I have to pay for their mistake? Please help in this matter.

Advocate Sarthak Shah answered
Please approach the Banking Ombudsman, details will be available with the Bank or on their website. Prior to the same issue a proper notice to the Bank board and bank manager of concerned branch and seek a hearing. Bank too has internal dispute resolution desk.

Q: Agriculture property disputes related

I need help my father had two wives now both wives and father is dead but my father transferred the land in his name in year 1999 to his second wife and now can I claim second wife property? this land is ancestral of my father. region is hindu.

Advocate Sarthak Shah answered
Yes, if your facts are correct and if there are no legal heirs of the second wife then you can claim the said property, as you fall within the residual legatee of your fathers lineage and have a right to claim. Moreover, also need to check the title and how the transfer was effected, who survived on the said property and whether there are no claims to the said property from his second wife at the time of her death. The credentials of your mother and also the validity of the first marriage has to be taken into account.

Q: Regarding Fixed Deposit in Bank

We both are 68 and pensioners. Should we open Fixed Deposit in single or joint name with nomination? Please guide. After death of one, another should not face problems in getting money,

Advocate Sarthak Shah answered
The ideal situation is to keep it in joint name and name cross nominees in the said FD account, this shall enable either of you to release the FD at anytime. Moreover also important to make a Will and keep so as to create an additional enabler for the survivor. A directive also required to bequeath the said monies to someone. Also check up banking rules with scheduled and cooperative banks for disbursement and succession rules which shouldn’t create any hurdles.

Q: Private school not issuing leaving certificate of my child

My two kids were studying in NEW MODEL SCHOOL ,for some reason I want to transfer my kids in another school, But the principal of NEW MODEL SCHOOL is refused to issue leaving certificate of my kids, and demanded school fees to pay for an entire year..I cannot pay the fees for whole year , so what can be done

Advocate Sarthak Shah answered
At the instant file a Police complaint to record the same and that there is an extortion from the school authorities compelling you to pay the same, without sufficient cause. You may issue notice to the School and mark a copy to the relevant board and ministry to seek clarification and assistance on the subject. For further assistance seek attorney assistance.

Q: Registered will probate support

1) How to ensure that the witnesses give their affidavit 2) how to ensure that the police file NC/ FIR against aggressive and greedy , jealous people even though 40 days have passed ?

Advocate Sarthak Shah answered
Seek immediate assistance of Civil Attorney and issue necessary notices and follow process for the same. In extreme circumstances the court can issue necessary orders in an administrative suit to prevent any Mis appropriation and fraud. Record a Police complaint in case of any other related matter interfering into the process of succession.