Advocate Shambhavi Omakr Gandhi

Questions Answered by Advocate Shambhavi Omakr Gandhi

Q: Share certificate transfer / Ownership transfer

I am a Resident of Dombivli, District Thane, Taluka Kalyan. My current Flat is registered in the name of my deceased Father. He has filled the Nomination form for my Mother with 100% allocation. Those forms are not submitted to society. Now my mother also passed away. I am the only Son of my father, no one else will come to claim this property. How can I get this flat ownership transferred on my own name with my wife in the nominee.What will be the most cost effective and easy way?

Advocate Shambhavi Omakr Gandhi answered
Since you are the sole legal heir, you should first obtain a legal heirship certificate from the Tehsildar or competent authority. Then apply to the housing society with a copy of your parents' death certificates, the legal heir certificate, property documents, and an affidavit stating you're the sole heir. Once the society transfers the share certificate to your name, you can apply to the sub-registrar to update property records. Then, file a nomination form adding your wife. This is the most cost-effective and legal method.

Q: Online EdTech Course(₹1.3L fees)

I paid ₹1.3 lakhs in June 2024 for an online job upskill program based on promises of role-specific content, high-salary placements, and remote job support. The full course content became visible only after full payment, with no trial or refund option. The actual curriculum was unrelated to my field, and job support was misaligned. I raised concerns during the support period, with no corrective action.Should I send a legal notice first or go directly to consumer court? What documents do I need?

Advocate Shambhavi Omakr Gandhi answered
You should first send a legal notice to the company demanding a refund and outlining the misleading practices. If they fail to respond or resolve the issue within the stipulated time, you can approach the District Consumer Disputes Redressal Commission. Documents needed include proof of payment (bank transfer/receipt), brochure or advertisement of the course, emails/chats promising course features, screenshots of the course content, your complaint emails, and any responses (if any). This is a clear case of deficiency in service and unfair trade practice under the Consumer Protection Act.

Q: Sending Legal notice for divorce

I want to file for a divorce after 35 years of marriage.What are my opttions? I want to send him a notice legally

Advocate Shambhavi Omakr Gandhi answered
You have the right to file for divorce under grounds such as cruelty, desertion, adultery, or irretrievable breakdown of marriage. First, a legal notice can be sent to your husband stating your intent to divorce, offering a chance for mutual settlement. If he agrees, you both can file for mutual consent divorce under Section 13B of the Hindu Marriage Act. If not, you can file a contested divorce petition in the family court

Q: About delay for windrow school admission in CBSE school

My son TC applied on jun 29 th but school is requesting to pay next year Ist installment fee as they are mentioning deadline was Feb 28th. As per school TC will be processed only after payment of next year ist installment fees. what to do if school is not giving tc?Main risen My son TC applied on Mar5th but school is requesting to pay next year Ist installment fee as they are mentioning deadline was Feb 28th. As per school TC will be processed only after payment of next year ist installment

Advocate Shambhavi Omakr Gandhi answered
Schools cannot legally withhold a Transfer Certificate (TC) for non-payment of future academic year fees, especially if the TC application was submitted before the academic year began. As your son's TC application was submitted on March 5 and the school year had not yet commenced, demanding the next year's 1st installment is unjustified. You can file a complaint before the District Education Officer or approach the Consumer Forum for deficiency in service and unfair trade practice. Mention all dates and keep copies of your TC request. The school is bound to issue the TC within a reasonable time.

Q: Surety bail taken for 498A chargeddo we get documents for the same

Surety bail taken for 498A Charged by my wife but lawyer did not provide any documents related to bail taken, do we get any from lawyer or court ....

Advocate Shambhavi Omakr Gandhi answered
If surety bail was granted in a 498A case, you are entitled to receive a copy of the bail order from the court where the bail was granted. The court maintains records of all such orders. You can apply for a certified copy of the bail order through the court registry. If your lawyer has not provided you any documents, you may directly approach the court or engage a different advocate to assist with getting certified copies. It is your legal right to obtain all documents related to your bail.