Advocate Supratim Deb Purkayastha

Questions Answered by Advocate Supratim Deb Purkayastha

Q: How to apply for compassionate appointment

Respected Sir, my father has passed away in 2016 oct, my father worked in education Department as jr Asst. When my father died he was on duty. My mother is living with me. I am applying for the compassionate appointment within one year of my fathers death and till date. I want to apply this job, now i am Studying in HS 2nd year and now I am job less and i want this job can i apply for the compassionate appointment? . Please give me answer thank you..

Advocate Supratim Deb Purkayastha answered
Immediately make an application in writing to the department where your father was working , along with a standard form duly filled up stating the financial hardship family is facing. Enclose death certificate death certificate and your educational testimonial. Also ask the department to provide the official form which is also to be filled up and signed by you and two govt.servant of the same office. Application has to be submitted within one year of death of the govt. Servant.

Q: How to deal with probate case

My grandfather died in sept, 2009. He had two properties. He left behind his wife(my grandmother), 2 daughters and 1 son. The son is independent and my mother is a dependent daughter of my late grandfather. My grandmother mutated one of the property in 2014 in her name after both the daughters gave NOC, but the son didn't give. Now in 2017, the son has produced some kind of will of my late grandfather which is in his favour and has filled a probate case. Now my questions are: 1. We know the son might have forced our grandfather with that will as he has lied in the application he has given and there are mistakes in the will. How can we prove it? 2. What are the different ways to contest a will? 3. As my grandmother has already mutated one of the properties in her name, will the Will affect her mutation? Will she still be considered as an owner after probate? 3. How long it will take for the case to settle? 4. Will the probate case lead to further problems in our properties?

Advocate Supratim Deb Purkayastha answered
Mutation doesn't confer any title. You need to contest the probate case filing written statement. On filing of the written statement the case will be converted into a testamentary suit. You Shall have to prove your allegations. Probate case takes time.You shall have to hire a good lawyer for further information and consultation .

Q: Can ancestral property be sold of w/o consent of family members

My Father had willed his property to my mother's name and after his death the property transferred to my mother's name after given consent (noc) by all four sisters and two brothers now my mother sold the property to my elder sister without informing any of us. Is it legal. We are Hindu by religion.

Advocate Supratim Deb Purkayastha answered
Will is required to be probated to have it effective. Without probate of the will no legal right acrues over the property by virtue of the of the will. But once will is probated the beneficiary becomes the exclusive owner of the property and has the right to transfer the property to any one.

Q: Kidnapping and sexual assault by a neighbour can i withdraw case

Hello sir, I am a 22 years old girl. Around 8 years back a boy from my neighbour kidnapped me and took me to other city where he kept me for about a month. During this time he assaulted me sexually too after which he was caught and jailed immediately with a kidnapping case and my statement was taken as to what all had happened. My advocate(government employed) has since then not been able to resolve the case and says that it takes time. After 8 years I don't see any hope to get justice and want to withdraw the case but advocate says we can't withdraw the case now. I want some help as to what should I do as it's very depressing to relive those horrific days over and over. Can I withdraw my case ?

Advocate Supratim Deb Purkayastha answered
Why do you want to withdraw the case? I think Police has filed charge sheet in the case and trial is going on. So question of withdrawal by you doesn't arise at this stage in such case. During trial your deposition will be recorded and for this you need not to go time and again to the Court. When you will be summoned, just appear before the Court and adduce your evidence if you want punish the accused.

Q: Non-Registration of Commercial property, what are legal rights?

I have purchased a shop in a building in the year 2004 for Rs.3 Lacs.An agreement was made in the same year.The possession of the shop has been given in 2010 and presently I am running my business from the shop for the past 7 years.Due to some financial problems I could not register the shop in my name.A year ago when I approached the landlord for the registration,he denied as he does not want to give the documents required for registration.As such,nearly eight months ago I have send him a legal notice.But he has not replied yet.Also I would like to mention that the amount was paid in installments.But out of Rs.3 Lacs,I have got receipts for only Rs.2 Lacs as the remaining amount for Rs.1 Lac was paid without receipt on the basis of good faith.Kindly advice what to do.Also,if I file a case against the landlord will he be able to demand the amount for which I do not have any receipt?

Advocate Supratim Deb Purkayastha answered
For purchase of any property a sale deed is required to be executed and registered. Your agreement of the year 2004 if is an agreement for sale then you ought to have filed a case for specific performance of contract within 3 years. Of course when you have the possession you can claim protection of part performance of contract and file the case. But you shall have to pay remaining amount for which you don't have any proof.