Ancestral Property
Ancestral Property
Hi, I am from Kolkata. My grandfather had 6 sons and 3 daughters. He died before 1947. Question 1 - will my aunts get their share in the property? Question 2 - Is there any other option to get my fa
7 months ago
A. Dear Client,
Answer to Question 1: Yes, your aunts are entitled to a share in the property of your grandfather. The Hindu Succession Act, 1956, which governs the inheritance of property among Hindus, was amended in 2005 to give daughters the same rights as sons in the ancestral property
Therefore, your aunts have an equal right to inherit the property of your grandfather along with their brothers.
Answer to Question 2: If you do not wish to file a partition suit, you can explore other legal op ...ReadMore
Parking Issue
We have purchased apartment in auction 2007 at that time there is no parking markings and numbers in that apartment and in my sale deed it clearly mentioned with car parking in link documents too but
7 months ago
A. Dear Client,
It can be frustrating to deal with parking issues in an apartment complex, especially when it is mentioned in the sale deed that the apartment comes with a car parking space. Here are some possible solutions to your problem:
Check the sale deed: Check the sale deed to see if it clearly mentions that the apartment comes with a car parking space. If it does, then you have a strong case to argue that you are entitled to a parking space.
Talk to the association: Talk to the associatio ...ReadMore
my sister called me to help her
my sister called me to help her because she was facing domestic issues with her husband. i went to her matrimonial home and am living with her since april 2023 and providing for her and her child si
7 months ago
A. Dear Client,
The maintainability of a domestic violence (DV) case against you would depend on whether a domestic relationship exists between you and your sister's mother-in-law. The Protection of Women from Domestic Violence Act, 2005 covers and includes any act of omission or commission or conduct of the respondent that harms or injures or endangers the health, safety, life, limb, or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical ...ReadMore
Joint ownership of property btw husband-wife -Tenancy in Entirety
How to reclaim rights/sole ownership of a joint-property owned by husband-wife after the relationship became sour.
7 months ago
A. Dear Client,
If two or more individuals own property together (known as tenants in common), one co-owner cannot replace or remove the other co-owner by executing a new deed. They can only transfer their personal share of interest through a registered deed of release or relinquishment. The name of the co-owner is removed from the deed of jointly owned property. The easiest way to replace the name of a co-owner from the deed of jointly owned property is by executing a release deed or relinquishme ...ReadMore
Penalty Levied
I wrote to Registrar seeking clarifi action on the accounts of society. MC responded to the registrar through advocate. His fees has been charged to my maintenance. Is it right?
7 months ago
A. Dear Client,
It is not right at all. A society cannot claim litigation costs from the member who raised a dispute in his individual capacity before the Authority. A registered society is a legal entity that may sue or be sued by anybody for any arbitrary and unfair action including a member of the Society. A society cannot charge for any purpose other than maintenance outrightly which is not even covered by the Byelaws of the Society. You need to bring the matter again to the notice of the Regis ...ReadMore
Advocate delayed
I am the landlord, already holding decree of eviction against my tenant,have exhibited all the judgements in my favour to the learned court,have in argument stage,but at the heat of the final stage ,
7 months ago
A. Dear Client,
Speedy justice is a fundamental right and has also been reiterated by the Apex Court in a number of cases. Inordinate delay is unjustified and violates the fundamental right guaranteed under Article 21 of the Constitution of India. The Supreme Court in Hussainara Khatoon v. State of Bihar, Abdul Rahman Antulay v. R S Nayak held that the procedure that does not provide for speedy trial cannot be regarded as just, fair, and reasonable. Nonadherence to Section 89 CPC causes a delay in ...ReadMore
Wrong meter reading
Meter reader taken wrong reading and made bill of rs 8000/- , I paid , later found meter reading was wrong , sdo office refused to refund and change my meter without my consent, how to get refund and
7 months ago
A. Dear Client,
In the prevailing situation, you need to file a grievance before the Grievance Redressal Officer of the concerned Electric Supply Agency claiming a refund of money paid for misreading and wrong billing. If no suitable response is received, then submit a complaint before the Electricity Ombudsman claiming a refund on the same ground for an appropriate order in the matter failing which you may file a complaint for deficiency in service before the Consumer Court against the Electricit ...ReadMore
Tenant is threatening
Hi I deducted 13,000 from security deposit of 3L, Rest was returned on the day of handover. This deduction was towards painting, cleaning and few damages. For which tenant is not agreeing. He is sayin
7 months ago
A. Dear Client,
In the absence of a specific stipulation in the rent agreement that governs the relationship between a landlord and tenant, you can not deduct an amount from the security deposit for the expenditures incurred for the purpose outrightly which will be considered an unfair practice as defined under the Consumer Protection Act, 2019. A tenant can litigate the matter either before the Consumer Court or before the Rent Controller appointed under the Rent Control Act. The expenses for pain ...ReadMore
GPA
I am about to buy a property from seller. On the same property owner gave GPA to his Brother and GPA is not revoked. 1.Is there any legal issues in this transaction?
7 months ago
A. Dear Client,
Power of attorney (PoA) is a legal arrangement that allows one person to act on behalf of another. A power of attorney (PoA) is governed by the Powers of Attorney Act 1888. A POA is valid only during the lifetime of the principal/executor. However, the principal can revoke/cancel it anytime, if required. Section 17(1)(b) of the Indian Registration Act, 1908 requires registration of certain instruments in respect of any right, title or interest of the value of rupees one hundred an ...ReadMore
Health insurance
Can i claim my remains medical expenses bill to my health insurace company if I received partial fund from chief minister relief fund. Suppose my total medical expense is rs 750000 n I received 200000
7 months ago
A. Dear Client,
In the situation, when your medical expenses are more than the sum you received from the CM's relief fund which is insufficient to cover your medical expenses and you are a policyholder of the health insurance policy of an Insurance Company, then you can opt for reimbursement for the balance amount from the said insurance company provided your claim covered by the sum insured under the said health insurance policy. The claim-filing process typically remains the same, for all insure ...ReadMore
