Advocate Bibaswan Mukherjee

Questions Answered by Advocate Bibaswan Mukherjee

Q: Doubt in Ownership of Property

Names of both the brothers are registered in Council as owners of a property ( a joined building from outside, with two separate internal structures of building ) and separate Tax bills are paid by both of them. But the deed has name of only elder brother as the owner of the property. Then are both of them actual owners of the property or only the elder brother is the owner of the property?Our religion is Hindu.

Advocate Bibaswan Mukherjee answered
Though i dont understand the meaning of council in which your name has also been entered into. but many a time despite of being several owners of a property the name of Only one owner in the deed. but if the other brothers are also the owner of the Property then they have to show the circumstantial evidence on the basis of which they are claiming 5hemselves as owner. In your situation use circumstantial evidence that the tax is being paid by other brothers also. You have to file a suit for partition against your elder brother claiming your share in the property.

Q: After father's(owner's) death without will his son made a gift deed.

After father's(owner's) death without will his son made a gift deed. Owner/father's have two daughters and a son. Elder daughter is widow. Is it possible?

Advocate Bibaswan Mukherjee answered
after the date of your father is property is devolved upon all his sons and daughters equally as per Hindu Succession act if any son have transferred the whole share the said deed is neither acted upon nor binding upon the other legal heirs, but for getting back the property the daughters have to file a civil suit before the property jurisdiction Court challenging the deed executed by the sons.

Q: REMEDY AGAINST CASE RECORD TAMPERING

On 3.8.15 complainant absent in hearing, 3.8.17 absent by party, 20.11.18 absent by party , S/C was issued , n/d was 29.1.19 , no reply against S/C by complnt, Then on 2.3.19 in S/C reply said "non-posting of hearing date on advocates diary failed to attend hearing on 29.1.19 and as per them S/C was issued on 29.1.19 but the it was issued on 20.11.18 but not on 29.1 19,We gave objection , but the same day S/C reply was allowed by the magistrate. Collected certified copy of S/C reply for appeal ,in certified copy there were two dates instead of single date on true -copy, checked the original copy , found hand correction . 29.1.18 was corrected with 20.11.18 and 29.1 19 , magistrate was informed regarding this tampering. But magistrate was transferred. Next magistrate came and hearing done and said as the previous predresser allowed , no scope to adjudicate . HOW CAN I GET REMEDY AND QUASH MY CASE ? CAN I GET REMEDY U/S 482 CRPC AND QUASH MY CASE? DV CASE OF 2013 ALIPORE . HINDU

Advocate Bibaswan Mukherjee answered
on the basis of tempting of records you cannot get the remedy of quashing the complaint, maximum you can lodge complain before the registrar of the court for the tampering of records, and you can file a revision application before the Hon'ble High court but the chance of getting order in your favour is minimal

Q: Owner cancelling the agreement in the middle of the road

Owner cancelling the agreement in the middle of the road since, he can't wait anymore and asking me to send all of his copies including signature in the sale agreement and then he will send my advance token money.Later on also told me that I have to bear the sale agreement making charges and same will be deducted.What is the right way to cancelling the deal? Why should I pay solely where sale deed has not been executed?

Advocate Bibaswan Mukherjee answered
Everything depends upon agreement which you have entered into with the owner I have to see the agreement at first then anything but. if advance money has been paid and it is written in the agreement that with non compliance of the terms of the agreement the advanced money will be forfeited then, the said condition will take effect. you have not stated about the advance money you have paid or not.

Q: how to get divorced in lockdown?

How to get divorce in lockdown.. already missed 1 hearing which was in march.. and its getting delayed now...even the court is not open so how to take forward this matter. life and time both are getting wasted.

Advocate Bibaswan Mukherjee answered
in West Bengal many courts are opening from 15 June you may contact filing a suit for divorce. Barasat Court is opening from 15 June kindly contact as soon as possible. Though you have not mentioned that weather you want to file mutual divorce application or contested divorce documents required for filing a suit for divorce are:-1. marriage certificate 2. passport size photo for both parties if you want to file mutual divorce application 3. voter card and Aadhar card for both parties if you want to file the mutual divorce application 4. and in case of contested matters you have to contact for getting other documents