Lawfully yours: By Retd Justice K Chandru

Chennai

Raise query under RTI Act on bank's failure to cancel MODT

We had availed an educational loan from Canara Bank which was fully repaid as on August 12, 2020. The bank also issued a letter confirming that the loan stands fully closed and returned the title deeds. The bank then had to immediately cancel the Memorandum for Deposit of Title Deed (MODT) with the registrar office concerned so that the property is legally transferred back in our name. However, despite repeated reminders and follow-up, the bank has failed to do so till date. Kindly advise how we can proceed on this and get the same resolved.

— Joseph Raja Pillai, Choolaimedu

Raise a query under the Right to Information (RTI) Act regarding the bank’s position on the cancellation of the Memorandum of Deposit of Title Deed (MODT). If you get a negative answer, you can move the consumer court for appropriate direction regarding the same. There is also an ombudsman in some banks with whom also you can petition in this regard.

With tourist visa, one can't work in the US

I have got a multiple entry visa to the US which is valid for eight more years. I recently lost my job following the lockdown and am unable to find work. My brother who lives in America has suggested that I go and stay with him so that I would be able to go for some part-time non-skilled work there like in a grocery store or a mall attendant. These jobs pay by the hour. Will it be illegal for me to work on a tourist visa, even if I fully intend to come back to India in a few months? — Kiren, Velachery

With a tourist visa, you cannot work and earn even on an unofficial basis in the US. Such action will be viewed strictly and your visa also may be cancelled.

Woman seeking divorce has right to matrimonial wealth

I am employed in a clinic on a permanent basis. For the past so many years, I used to hand over my entire salary to my husband barely keeping a few thousand rupees for my personal expenses. He said the money was going towards savings and investments. Now due to certain circumstances, I am planning to separate from him. I am don’t want maintenance from him but I want my share in the savings. When I broached this, he said all the money is lost in the share market. As I have bank records of my salary and money transfers to him, can I claim my salary over the years? Those are my earnings and it’s my due. Please help me.

— Named withheld on request

In case you are seeking a divorce, you can also ask for a 50 per cent share in the family property which includes the savings also. In such an event, you need not prove that your money has gone into the savings. It is only a share of the matrimonial wealth. Otherwise, you can seek for permanent alimony while seeking a divorce.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns