Advocate Shreshth Jain

Questions Answered by Advocate Shreshth Jain (100+ answers)

Q: How to transfer property from mother to daughter in gift deed ?

Mother wants to give her property to her daughter in gift deed ,can mother gift property to daughter ?what is the procedure?

Advocate Shreshth Jain answered
The procedure is simple. You just have to approach a lawyer and get a gift deed drafted. Once the deed us made, the same has to be signed by mother , daughter and two witnesses. The deed has to be be registered from the registrar and 4% stamp duty will have to be paid on the total value of the property.

Q: Can a no objection certificate from sister to brother will work for Relinquishment deed ?

We are four brothers and one sister. I have property in my mother's name, she passed away, this property is in my part. Now I want to do a Relinquishment deed, and my sister can't come for the same, but she is agree to give any kind of noc from sister to brother for property... Will it work

Advocate Shreshth Jain answered
If the property is in the name of your mother, you cannot get the property relinquished in your name unless there is will in your name. The correct way is to get the legal Hier certificate and then get the same mutated in the name of your brother and sisters and then further, your sister can relinquish her share in her favour. In that case also, no objection certificate will not work, she will have to be present to sign the relinquishment deed.

Q: How long does it take for a judge to sign a divorce decree ?

Our Saket family Court judge have passed order for divorce. How much time do judge now take to grant final order for separation (Party is never interested to appear before court in any hearing) it's 3 nd half years passed in this court. What is waiting time, how long does it take to get a divorce certificate ?,the marriage was under Hindu law.

Advocate Shreshth Jain answered
The final decree is prepared within one month from the date of order of divorce. If there is a specific direction against the party who is not appearing, you can file a conyempt petition before the appropriate court. Further assistance can be provided after going through the documents.

Q: How to fille Mutual Divorce Online?

My wife and I have mutually agreed to get a divorce. Can we file for divorce online free in India? Please guide us on how to apply for divorce online and the legal process involved.

Advocate Shreshth Jain answered

Hi! The service will start in the near future. But presently, the petition is filed manually. The process is not very difficult, and you will have to come to court only twice or thrice at most, after which the court will grant the divorce.

Q: Legal Action Against Bank for Service Deficiency: What Are My Rights?

I have had various relationships with the bank, including a savings bank account, credit cards, personal loan, and merchant relationship. However, the bank withheld my payout, leading to non-payment of credit card dues. Consequently, hefty interest and penalties were charged. Furthermore, the bank blocked my savings account, resulting in dishonored EMIs for other loans, leading to additional penalties. The bank has harassed me through recovery calls and agents.What are my options for legal action against the bank? Can I file an RBI complaint or a case in consumer court?

Advocate Shreshth Jain answered
You should first file a police complaint against them. Secondly you should file a complaint with consumer forum and thirdly you should file a complaint with ombudsman which will take a strict action against just mal practices.