The judges suggested the creation of a portal that would allow applicants to apply from their villages and they would not be required to travel to the district headquarters.
A woman holds her arm after receiving the Covishield Covid-19 vaccine at a vaccination center in Mumbai. — PA
Question: For people from the weaker strata of society who have died from Covid in recent months, a compensation scheme has been announced. Can you give me details as I have poor relatives in rural areas who would be interested in receiving compensation in the event of a death in the family.
Responnse: Currently, an applicant must visit the district headquarters to submit the relevant documents. This has led to many difficulties and most of the beneficiaries are not able to avail the ex gratia amount announced by the government. When this case was recently brought before the Supreme Court, the judges suggested the creation of a portal that would facilitate candidates to apply from their villages and they would not be required to travel to the district headquarters. In fact, in many cases, the relatives of the deceased are unaware of the compensation scheme. According to the Supreme Court, the online system will make the procedure easier and faster as it will avoid long queues at the collector’s office. This was noted by the court as it was told that in Kerala, where the total number of Covid deaths was 38,737 in a given period, only 6,116 claims were received from relatives. The tribunal therefore concluded that this was a clear indication that no wide publicity had been given among those affected and even when they were aware, the claimants were not informed of the procedure and of the office where they should go. to apply for compensation from the government.
Question: There are many loan service providers who act as agents for borrowers. Is there a regulatory framework to cover the activities of these service providers who sometimes resort to unfair practices?
Responnse: There are many digital lenders who take credit risks while distributing loans. Typically, lenders have an agreement with a distributor to indemnify them for any loss caused by the agent or employee’s action. In order to reduce the systemic risks involved, a high level committee on micro, small and medium enterprises has recommended to the Reserve Bank of India that loan service providers make adequate disclosures in a standardized format. This disclosure should indicate the percentage rate that borrowers must bear. Likewise, direct sales agents and brokers will now be required to disclose the fees they add to loans and provide information in the event of related party transactions. Fintech loans must now be reported directly to credit bureaus. In addition, credit risk sharing is prohibited between finance companies and banks. Based on these recommendations, strict guidelines should be developed by the Reserve Bank of India.
Question: My older brother who lives in India has problems with his son and daughter-in-law. My brother is the sole owner of the house he inherited from his father. His son and his daughter-in-law stay with him and my brother would like them to leave the house so that he can live alone in peace. Is it legally possible for my brother to ask his son to leave?
Responnse: There is a special law for the protection of the elderly. Under this law, an elderly person can ask a family member to leave the house in case they are harassed by the relative and are not allowed to live in peace. The Bombay High Court upheld this law and recently issued an order in favor of an elderly person who wanted his daughter to leave the house as he was being harassed by her demanding her share in the flat. The High Court observed that the daughter was not entitled to any share in the property which belonged entirely to the father. A High Court division bench upheld the order of the Social Welfare Court and Deputy Collector of Mumbai which ordered the daughter to leave the father’s house as he was the absolute owner of the flat and the daughter had no legal right to that. Therefore, your brother has the right to seek the protection of the law and apply to the Social Welfare Court and the Deputy Collector for an appropriate order.
HP Ranina is a practicing lawyer specializing in Indian tax and foreign exchange management laws.