Q: I have an RDC case under my name because of the fault of my cousin She asked me to use my name for her to own a flat. How can I transfer this case under her name? A: We may be able to remove your name from the case. The document I am asking for is any email communication or letter shared…

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Transferring the liabilities of a purchased property to the real owner

Good evening,

I would like to ask if it's possible to transfer all the financial claims and the case itself to the landlord who used my name to own and manage a flat.

I have an RDC case under my name because of the fault of my cousin

She asked me to use my name for her to own a flat and before that she promised me that no problem will arise.

But she just used me and now I'm the one facing all the financial claims payment, travel ban and bring the port against him.

How can I transfer this case under her name? Is it possible Sir?

Shayan Dasgupta

Goodwins Law Corporation

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8 Oct 2019, 05:37

Hello.

If you have any written document between you and your sister which shows that you bought this flat in your name solely for the benefit of your sister, we may be able to remove your name from the case.

The document I am asking for is any email communication or letter shared and exchanged between you.

If not, I am afraid, it would be very difficult to transfer the case. Alternatively, you may try to negotiate with the bank to find a solution.

13 Oct 2019, 11:32

Thank you, Sir.

If I can produce one and let my cousin agree to transfer the said case to her, would it be helpful?

13 Oct 2019, 11:39

If your cousin is agreeing to the transfer, then the case will be automatically discharged against you.

I suggest you talk to your cousin and make her agree to take the shares in her name.

We can help you in this process of restructuring the company. You may please give me a call.

13 Oct 2019, 12:07

I mean to transfer all the financial claims and the case itself which is currently under my name to her name in a rental dispute case.

I hope you get my query, Sir.

Thank you!

14 Oct 2019, 05:30

Yes. If you get it transferred, then the banks will have to drop the case against you and include your cousin in the proceedings.

14 Oct 2019, 09:35

Sir, this is not a bank case. It's a real estate case filed under Rental Dispute Center, where there is a financial claim that amounts to thousands.

I mean the contract is under my name that is why I face the case.

21 Oct 2019, 09:44

RERA will not let you transfer the property to your cousin's name without the outstanding debt paid. You may try convincing them along with your cousin.

Alternatively, you may ask your cousin to pay the money and clear the case in your name. Thereafter, you may transfer the property in her name.

12 Nov 2019, 09:36

So, Sir, is it really possible to transfer the case to her name if we talked and convinced the real estate who filed the case?

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