icon Father’s Business after his death

My father and his business partner have their business under the name of their spouses i.e, my mother and the wife of father’s business partner. My father passed away last November. Can the business


A. Dear Sir,
On records your mother is partner of that business. She can immediately get issue a legal notice claiming her share in the Business or approach Civil Court by filing a appropriate suit claiming settlement of accounts thus interest of your family will be protected.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Surrender of shop provided by municipal corporation

one of my uncles obtained a shop in an auction by Municipal corporation....somewhere 70 - 72 years ago. eventually my father was handling the shop and the shop act license was issued in my name. Due t


A. Dear Sir,
You can surrender the same to the Municipal Corporation addressing a letter by registered post to the said corporation. There is no possibility of renewing the license or issuing new license in the name of your brother.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon GST on under construction Property

I bought a property in April 2018 for 1.75 Cr inclusive of 12% GST from the builder. In 2019 April, government revised GST to 5%. Builder initially said that he would review the tax angle. Either he w


A. Dear Sir,
With GST rate cut on under-construction properties, the GST for under-construction affordable housing units is 1%, while for non-affordable projects it is 5%, without input tax credit.

GST Council has approved the proposal of 5 percent tax on residential properties and 1 percent for affordable housing. These taxes are valid from 1st April 2019.

There is a huge change in the GST rate in the real estate sector. Many buyers have confusion about the applicability of GST for real estate. ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Hospital performing surgeries without any valid registration

For medical insurance, I've asked my hospital to provide their registration number or ID, however, I was quiet shocked to hear that they do not have license or they did not renewed it but they are per


A. Dear Sir,
You have several options and you can get huge compensation from them. First lodge a complaint with the Police. Secondly send complaint to Medical Council of India. Thirdly, you make it viral on social network and approach consumer Court claiming compensation.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon property acquired as per WILL

My friend has a brother and sister and acquired properties as per his father's WILL,whereas one house was given to both the sons and one son want give his share to his brother after taking the money a


A. Dear Sir,
It may be transferred by way of executing a regular sale deed or a Gift Deed or any other settlement deed. In the said deed it must be clearly mentioned that sufficient consideration was given to him and accordingly such deed was executant.

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Ayantika Mondal @ Prime Legal

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Abusive uncle

I live in a undivided house with my parents. My uncle and his family keeps abusing us for no reason all day long. There's physical manhandling as well. I want to take concrete legal action against the


A. Dear Sir,
First try to relocate from that place because if you lodge complaint definitely they will lodge counter complaint thus both of you have to make regular rounds to Police Station and Courts. If it is a own house then lease it out to a stronger person who can teach your uncle a lesson.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Illegal Parking lot

My question is, my property builder has constructed a parking tower which is coming till my floor, earlier when the decision was made to built one, they assured us that it wont come till our level. Si


A. Dear Sir,
You may get issue a legal notice and file a suit for mandatory injunction to get it demolished. It is nothing but encroachment of your privacy and also violating the terms and conditions as assured to you at the time of your purchase.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Anticipatory bail on the ground of parity.

Provision for anticipatory bail through High court on the ground of parity. Can an accused may file anticipatory bail himself.


A. Dear Sir,
The provision is as follows:

Section 438(1) in The Code Of Criminal Procedure, 1973
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

You cannot claim as of right on the ground of parity but it is discretionary ...ReadMore

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Ayantika Mondal @ Prime Legal

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icon CAN BANK TAKE ACTION AGAINST PERSONAL GUARANTOR

CAN BANK TAKE ACTION AGAINST PERSONAL GUARANTOR IF THE PERSON (DEBTOR) TO WHOM THE GUARANTOR HAS SIGNED HAS FILED IP IN COURT ?


A. If you mean Insolvency petition than no action is liable on for gaurantor, In Case any debtor willingly default payments than gaurantor will be caleed for . Since all cases are different so Please provide details to get precise advice.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon I haven't done any theft or anything i just jumped a lone house if they complain what should i do

I have a girlfriend and yesterday night 7pm i tried to meet her . since her parents dont know about our relationship , i jumped her neigbours house and meet her near her house border at that time one


A. Dear Sir,
You are attained the age of major and you should not become nervous. You may take personal consultancy from many legal expert to instill confidence in you and in future you should not do such objectionable activities since sometimes her parents may lodge complaints of attempt to kidnap such girl etc.

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Ayantika Mondal @ Prime Legal

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